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2nd Edition
ISBN: 9781601563330
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2nd Edition
ISBN: 9781632813138
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A mock trial may officially begin with opening statements, but experienced competitors know that the dialogue between counsel and the court beforehand can make or break their chances of prevailing. In this new edition of Mock Trials, the authors have added an entire new chapter ("Pretrial Matters") to explain the questions students should ask before a mock trial begins and why the answers to those questions are important. Just as in an actual trial, pre-trial matters do matter in mock trials because they can affect nearly every aspect of case preparation and presentation.

First published in 2000, Mock Trials has become the leading textbook used by students and coaches to prepare for mock trial competitions. The Second Edition improves upon the first by providing students and coaches at every level with a complete step-by-step guide to preparing, presenting and winning a mock trial. Diagrams, charts and summaries, as well as sample fact scenarios, colloquies and arguments, are used to explain complicated concepts simply in an easy-to-follow and interesting manner. This textbook is specifically designed for use by pre-law and law students, but the legal and stylistic techniques it teaches remain applicable throughout lawyers' careers. For high school and undergraduate students competing in mock trials or considering a career in law, Mock Trials gives a solid overview of the conduct of a trial from start to finish. It's also perfect for mock trial coaches to use as a how-to guide.

Topics addressed in this edition of Mock Trials include:

• Understanding the law and how trials work
• Organizing your trial binder
• Discerning the material admissible facts and outlining your case
• Devising a compelling theme and theory and telling a memorable story
• Communicating effectively both verbally and nonverbally
• Tailoring your presentation to bench trials versus jury trials
• Getting the most mileage out of pretrial dialogue with the court
• Understanding the rules of evidence and procedure
• Planning out your direct and cross examinations
• Laying foundations to admit all types of evidence
• Making and responding to evidentiary objections
• Drawing the sting and impeaching witnesses on bad facts
• Examining and challenging experts effectively
• Giving compelling opening statements and closing arguments

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Table of Contents

TABLE OF CONTENTS

CHAPTER ONE — TRIAL BASICS
I. Understanding the Law
II. The Order of a Trial
III. The Format of a Courtroom
IV. The Anatomy of a Case File

CHAPTER TWO — CASE PREPARATION
I. Organize Your Trial Binder
II. Read and Outline the Case
III. Analyze the Facts to Develop a Story, Theory, and Theme
IV. Get the Most from Your Work

CHAPTER THREE — COMMUNICATION TECHNIQUES
I. The Importance of Effective Communication
II. Nonverbal Communication Techniques
III. Verbal Communication Techniques
IV. Communicating with Pictures and Demonstrations

CHAPTER FOUR — PRETRIAL MATTERS
I. Preliminary (A.K.A. "Housekeeping") Matters
II. Motions in Limine

CHAPTER FIVE — EVIDENCE MADE SIMPLE
I. Relevance
II. Unfair Prejudice
III. Lack of Personal Knowledge and Speculation
IV. Hearsay
V. Improper Character Evidence Generally

CHAPTER SIX — DIRECT EXAMINATION
I. The Role of Direct Examination
II. The Rules of Direct Examination
III. Planning Direct Examinations
IV. The Ethics of Direct Examination

CHAPTER SEVEN — FOUNDATIONS AND EXHIBITS
I. Evidentiary Foundations Generally
II. Foundations for Testimonial Evidence
III. Exhibits Generally
IV. Specific Foundations for Exhibits

CHAPTER EIGHT — CROSS-EXAMINATION
I. The Purpose of Cross-Examination
II. The Rules of Cross-Examination
III. Planning Cross-Examination
IV. The Ethics of Cross-Examination

CHAPTER NINE — IMPEACHMENT
I. The Role of Impeachment
II. The Rules of Impeachment
III. The Types of Impeachment

CHAPTER TEN — REDIRECT AND RECROSS-EXAMINATIONS
I. Redirect Examination
II. Recross-Examination

CHAPTER ELEVEN — EXPERT TESTIMONY
I. The Purpose of Expert Testimony
II. The Standards for Expert Testimony
III. Direct Examination of Experts
IV. Cross-Examination of Experts

CHAPTER TWELVE — OBJECTIONS
I. The Purpose of Objections
II. The Rules of Objecting
III. Ethics and Objections
IV. A Short List of Common Objections

CHAPTER THIRTEEN — OPENING STATEMENT
I. The Purpose of the Opening Statement
II. The Rules of Opening Statement
III. Planning Your Opening Statement
IV. Objections

CHAPTER FOURTEEN — CLOSING ARGUMENT
I. The Purpose of the Closing Argument
II. The Rules of Closing Argument
III. Planning Closing Arguments
IV. Objections

APPENDIX

INDEX