A Mock Trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or experiment with each other. In a mock trial normal rules of court are often abbreviated in order to focus on particular parts of the trial. Mock Trial is also the name of an extracurricular program in which students participate in rehearsed trials to learn new skills and compete with each other. At some law schools, the term trial advocacy is used for the program. Various organizations, such as state bar associations, sponsor Mock Trial/trial advocacy competitions for middle school students, high school students, college students, and law students.
Interscholastic mock trials take place on three levels. High-school competitive mock trial has an annual national competition governed by National Mock Trial Championship, Inc.[1] and the Constitutional Rights Foundation.[2] The competition on the college circuit is governed by the American Mock Trial Association.[3] The college circuit also has an online forum at Perjuries Mock Trial AMTA Forum.[4] Finally, there is mock trial/trial advocacy at the Law School level such as the National Trial Competition hosted by the Texas Young Lawyers Association[5] and the American College of Trial Lawyers.
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Trial and competition information is sent out in summer to early fall (depending on the level) to each of the competing teams. This information consists of the charges and basis of the case, rules that must be followed, and affidavits of each of the testifying or potentially testifying witnesses.[6] Additional information including documents, maps, and diagrams are often included to help teams understand the situation of the case. These can often be introduced at trial as exhibits.
Teams have to study and analyze this information and form their case by the time of competition, typically held in winter to early spring.[7] Each state has its own case every year that is different than the national case. This means that the winners of the state competitions, who move on to nationals, must study and prepare a completely different case in time for the National High School Mock Trial Competition in May.[8]
The teams consist of a maximum of eight official members.[9] These eight members must be organized into two teams of six for the prosecution/plaintiff and defense sides. Both of these six-member sub teams consist of three attorneys and three witnesses.[10]
The mock trial begins with the judge entering the courtroom. The judge then gives out the instructions to the jury (about what they are to listen to). The judge then lets the prosecution or plaintiff give an opening statement followed by the opening statement of the defense. After the opening statements, examination of the witnesses begins. The prosecution/plaintiff calls their witnesses first. A student competitor attorney for the prosecution/plaintiff does a direct examination of the witness. Once the direct examination is complete, the opposing team may cross-examine the witness. After the cross-examination, if the first team chooses, they may redirect the witness and, likewise, the other team may do a re-cross after this. This process is repeated for the two remaining plaintiff witnesses. Once the prosecution/plaintiff has finished with their witnesses, the process is repeated with the defense witnesses, having the defense attorneys direct and the plaintiff attorneys cross-examine.[10]
Once all of the witnesses have been examined, the trial moves to closing arguments. The prosecutor/plaintiff again goes first. After the defense finishes their closing argument, the plaintiff may give a rebuttal argument if they still have time remaining. In some competitions, the rebuttal is limited to the scope of the defense’s closing argument.[10] Time limits are set at each level of competition to prevent the trials from running too long and to keep rounds of competition running smoothly.
There are several different ways that a mock trial can be judged. In one, the judges for scoring the mock trial consist of the presiding judge and two scoring judges, all of whom score the teams. In a second method, there are two scoring judges and the presiding judge, as in the first method, but the presiding judge does not score the teams, rather the judge simply votes or casts a ballot for one team or another.[10] In yet another method of judging, there are three scoring judges and the presiding judge is not involved in the scoring of the teams.
The winning team is not necessarily the team that won the verdict in the traditional sense. Instead, evaluators score individual attorneys and witnesses on a 1-10 scale based on each stage of the trial. These consist of the opening statements for the plaintiff and defense, each of the witnesses’ testimony, direct and cross-examination by attorneys, and the closing statements for both sides. The team with the highest total number of points is often, but not always, the team that wins the judge's verdict. So, it is possible for the defendant to be found guilty or lose the case but for the defense team to still win the round.
Points can be deducted from a team’s score for testifying with information outside the scope of the mock trial materials and for unsportsmanlike conduct or abuse of objections.
In the first round of the tournament, all of the teams are randomly matched to compete with each other. After the first round of some tournaments, teams are “power matched” to go up against other teams with similar records (i.e. in the second round, a 1-0 team will be matched with another 1-0 team).[10] If there is a tie in record, the judges will use the number of ballots and total points earned to decide the matching.[10] This allows for teams to compete with other teams of similar skill.
In the national championship format, which is also employed by invitationals across the country, the tournament is power matched through the last round. While this determines the strongest team at the tournament overall, it does not provide an accurate representation of 2nd, 3rd, 4th place teams, etc, because they might have lost multiple ballots to a strong team who placed first. [11]
Of course, there are practical exceptions to the theory of power matching. Tab room coordinators who are creating brackets for each round may deviate from the rules of power matching in order to 1. allow each team to alternate between prosecution/plaintiff and defense between rounds, 2. avoid two teams from the same school competing against each other (Maryland Rule), 3. avoid having a team compete against a team it played in a prior round. [12]
When tournaments are power protected, it means that the first rounds of competition are power matched as stated above. In the last round(s), however, the team with the strongest record is paired against the team with the weakest record. This ensures that the best teams do not knock each other out of the running for a rank. Rather, it's anticipated that the stronger team will win and protect their chance at a rank, while there is no harm done to the weaker team who is already out of reach of a trophy. Additionally, this method gives weaker teams exposure to stronger programs that they can learn from. [13]
The National High School Mock Trial Championship started in 1984.[10] This first competition consisted of teams from Illinois, Iowa, Minnesota, Nebraska, and Wisconsin.[10] The competition since has grown and now is considered to be an All-State tournament. Each year, various participating states around the country take turns hosting the tournament. The 2011 Championship was held in Phoenix, Arizona, and the National Mock Trial Board announced that Albuquerque, New Mexico will host in 2012 and Indianapolis, Indiana will host in 2013. New York State does not participate in the national competition; rather, it has its own intrastate competition consisting of over 350 teams throughout the state. It follows similar rules to that of the national competition. New York has three levels of play, county competition, regional competition, and the finals, which is held in Albany, New York in May. The state of Maryland also does not compete in the National High School tournament, and thus has their own statewide mock trial competition similar to that of New York. New Jersey and North Carolina both pulled out of the competition following the 2005 season due to a refusal by the organization to accommodate an Orthodox Jewish team that had won New Jersey's state championship.[14]
The mock trial program was started to allow high school students to experience the courtroom in a hands-on role. The mock trials are set up and structured just like a real court, bound by the same rules.[15] This can help the students to know exactly what role each of the different people in a court (judges, lawyers, witnesses, etc.) do in the judicial system. Cases typically have to do with problems faced by teens, and will usually involve teenagers as witnesses.
On the inter-collegiate circuit, a mock trial team consists of three attorneys and three witnesses on each side of the case (plaintiff/prosecution and defense). The attorneys are responsible for delivering an opening statement, conducting direct and cross examinations of witnesses and delivering closing arguments. Witnesses are selected in a sports draft format from a pool of approximately eight to 10 available witnesses prior to the round. Typical draft orders are DPDPDP, but may vary substantially between cases. Judges are usually attorneys or coaches, and in some occasions, practicing judges. A tournament consists of four rounds, two on each side of the case, scored by two judges in each round.
The season runs in two parts, the invitational season and the regular season. Invitational tournaments are held throughout the fall semester and into early spring across the country.
The regular season begins in late January, starting with regional tournaments. There are typically more than 500 teams spread across 22-23 regional tournaments. Each school is limited to two post-regional bids to the "Opening Round National Championships." There are no longer any direct bids from Regionals to the National Championship Tournament. 192 teams advance to the Opening Round Championship, which is held at eight different tournament sites. The top teams at each Opening Round Championship Tournament qualify for a berth in the National Championship Tournament. There are 48 total bids to the final tournament.
For 22 years, the National Championship Tournament was held in Des Moines, Iowa, the city in which collegiate mock trial began. The tournament left Iowa for the first time in 2007 when Stetson University in St. Petersburg, Florida hosted the Championship. The 2008 National Championship Tournament was held in Minneapolis, Minnesota. Since 2009, and for the foreseeable future, the Championship returns to Des Moines in odd-numbered years, while even-numbered years feature a different venue. The 2010 Championship was hosted by Rhodes College at courthouses in downtown Memphis, Tennessee. The 2012 Championship will return to Minneapolis.
On April 9, 2006, the University of Virginia beat Harvard University to win the National Championship.[16] In what was the closest final round in AMTA history, the University of Virginia won the championship by a single point using a tiebreaker, after a three judge panel split with one judge choosing Virginia as the winner, one choosing Harvard, and one calling the round a draw. The University of Virginia's victory ended the recent run by UCLA, who had won the two previous national championships.
On April 15, 2007, the University of Virginia again defeated Harvard University to win the National Championship. This marked the first ever re-match of a previous year's final round. Virginia again won via a split decision, winning two of the three ballots in the final round. Virginia also became the 4th program to ever repeat as champions, joining UCLA, the University of Iowa, and Rhodes College, who accomplished this feat twice. Harvard University became the second program to be the runner up in consecutive years, joining University of Maryland, College Park as the only other program to accomplish this feat. Maryland however, had the distinction of losing to themselves in one of those two defeats. Hosted by Stetson University College of Law in St. Petersberg, Florida, this was the first year that the National Championship Tournament was held outside of Des Moines, Iowa.
On April 6, 2008, the University of Maryland prevailed over the George Washington University in a split-ballot decision (2-1). The tournament took place in St. Paul, Minnesota and was hosted by Hamline University. This was the University of Maryland's fifth National Championship giving them more total wins than any other university. Previously the University of Maryland was tied with Rhodes, each school winning four titles.
On April 19, 2009, Northwood University defeated the George Washington University 5-0 to claim its first National Championship.
On April 18, 2010, New York University defeated Harvard University 3-1-1 to win its first National Championship. This was Harvard's third championship round appearance in the last five years following its consecutive losses to the University of Virginia.
On April 17, 2011, University of California, Los Angeles defeated the defending National Champions New York University 4-1 to claim its third National Championship, the third-most in the history of the American Mock Trial Association. The 27th National Championship Tournament was hosted by Drake University Law School in Des Moines, Iowa.
The following is the list of winners of the National Championship Tournament, as well as the runners-up:
Year | Winner | Runner-Up |
---|---|---|
2011 | University of California, Los Angeles | New York University |
2010 | New York University | Harvard University |
2009 | Northwood University | George Washington University |
2008 | University of Maryland, College Park | George Washington University |
2007 | University of Virginia | Harvard University |
2006 | University of Virginia | Harvard University |
2005 | University of California, Los Angeles | Georgia Institute of Technology |
2004 | University of California, Los Angeles | Columbia University |
2003 | University of Iowa | Howard University |
2002 | University of Iowa | Georgetown University |
2001 | Miami University (Ohio) | Rhodes College |
2000 | University of Maryland, College Park | University of Wisconsin–Milwaukee |
1999 | Bellarmine University | Rhodes College |
1998 | University of Maryland, College Park | Bellarmine University |
1997 | Howard University | Rhodes College |
1996 | University of Maryland, College Park | Saint Louis University |
1995 | Rhodes College | Loras College |
1994 | Rhodes College | Bellarmine University |
1993 | Drake University | University of Maryland, College Park |
1992* | University of Maryland, College Park | University of Maryland, College Park |
1991 | Rhodes College | Bellarmine University |
1990 | Rhodes College | Toledo Community College |
1989 | Drake University | University of St. Thomas |
1988 | University of South Dakota | Wright State University |
1987 | University of St. Thomas | Bellarmine University |
1986 | Wright State University | Northwestern University |
1985 | Eastern Illinois University | Central College |
National Championship Round Participants
Team | Winners | Winning Years | Runners-Up | Runner-Up Years |
---|---|---|---|---|
University of Maryland, College Park | 5 | 2008, 2000, 1998, 1996, 1992 | 2 | 1993, 1992 |
Rhodes College | 4 | 1995, 1994, 1991, 1990 | 3 | 2001, 1999, 1997 |
University of California, Los Angeles | 3 | 2011, 2005, 2004 | 0 | N/A |
University of Virginia | 2 | 2007, 2006 | 0 | N/A |
University of Iowa | 2 | 2003, 2002 | 0 | N/A |
Drake University | 2 | 1993, 1989 | 0 | N/A |
Bellarmine University | 1 | 1999 | 4 | 1998, 1994, 1991, 1987 |
New York University | 1 | 2010 | 1 | 2011 |
Howard University | 1 | 1997 | 1 | 2003 |
University of St. Thomas | 1 | 1987 | 1 | 1989 |
Wright State University | 1 | 1986 | 1 | 1988 |
Northwood University | 1 | 2009 | 0 | N/A |
Miami University (Ohio) | 1 | 2001 | 0 | N/A |
University of South Dakota | 1 | 1988 | 0 | N/A |
Eastern Illinois University | 1 | 1985 | 0 | N/A |
Harvard University | 0 | N/A | 3 | 2006, 2007, 2010 |
George Washington University | 0 | N/A | 2 | 2008, 2009 |
Georgia Institute of Technology | 0 | N/A | 1 | 2005 |
Columbia University | 0 | N/A | 1 | 2004 |
Georgetown University | 0 | N/A | 1 | 2002 |
University of Wisconsin–Milwaukee | 0 | N/A | 1 | 2000 |
Saint Louis University | 0 | N/A | 1 | 1996 |
Loras College | 0 | N/A | 1 | 1995 |
Toledo Community College | 0 | N/A | 1 | 1990 |
Northwestern University | 0 | N/A | 1 | 1986 |
Central College (Iowa) | 0 | N/A | 1 | 1985 |
In the United States, law schools participate in interscholastic mock trial/trial advocacy. Teams typically consist of several "attorneys" and several "witnesses" on each side. A round consists of two law students acting as "attorneys" for each side.
The trial typically, although not always, begins with motions in limine and housekeeping matters, then moves through opening statements, witness testimony (both direct examination and cross examination), and finishes with a closing argument, sometimes called a summation. Throughout the trial, rules of evidence apply, typically the Federal Rules of Evidence, and objections are made applying these rules.
Every team in a tournament is given the same "problem" or "case", typically several months in advance, but for some tournaments only a few weeks ahead of the tournament's start. The problems can be criminal or civil, which effects many procedural aspects of the trial, for instance the increased rights of a criminal defendant not to testify against himself. The cases are written in an attempt to create an equal chance of either side prevailing, since the main objective is not to identify the winner of the case, but rather the team with superior advocacy skills.
Occasionally the winners of mock trial tournaments receive special awards such as money or invitations to special events, but the status of winning a tournament is significant in and of itself.
Mock Trial Competitions*: Georgetown White Collar Crime Invitational Mock Trial Competition, American Association for Justice Student Trial Advocacy Competition (formerly ATLA) National Civil Trial Competition, Texas Young Lawyers Association/National Trial Competition Mock Trial Competition (NTC), Michigan State University National Trial Advocacy Competition (NTAC), California Association of Criminal Justice (CACJ) Mock Trial Competition, Capitol City Challenge, National Ethics Trial Competition at Pacific McGeorge School of Law, Lone Star Classic National Mock Trial Tournament
The following is the list of winners of the National Trial Competition (NTC):[17]
Year | Winner School | Winning Students |
---|---|---|
2011 | Northwestern University School of Law | Karim Basaria, Andrew Crowder, Clare Diegel |
2010 | Stetson University College of Law | Brock Johnson
, Katelyn Knaak
, Trina Sams |
2009 | Baylor Law School | Joel Bailey, Eric Policastro |
2008 | Chicago-Kent College of Law | Mark Griffin, Joshua Jones |
2007 | Chicago-Kent College of Law | Joshua Jones, Keya Rajput |
2006 | Loyola Law School, Los Angeles | Kimberly Greene, Courtney Yoder |
2005 | Loyola Law School, Los Angeles | Melissa Lyons, Kathryn McCann, Brian Ward |
2004 | University of Houston Law Center | Michelle Benavides, Eddie Berbarie, Julie Gray |
2003 | St. John's University School of Law | Eon R. Smith, Kareem R. Vessup |
2002 | Northwestern School of Law | Terra Leigh Brown, William J. Dennison II, Christopher L. LaVigne |
2001 | Stetson University College of Law | Thea Dalkalitsis, Carl Mitchell |
2000 | Notre Dame Law School | Shazzie Neseem, Ryan Redmon, Tamara Walker |
1999 | Temple University School of Law | Michael Lovell, Amber Van Hauen |
1998 | Temple University School of Law | Bryan Fortay, Kevin Toth |
1997 | Northwestern University School of Law | Jennifer E. Ancel, Glen G. McGorty, Dana R. Poole |
1996 | Loyola University-Chicago School of Law | Jeffrey A. Soble, Matthew Scott Miller, Robert D. Sweeney |
1995 | Temple University School of Law | Robert E. Kelly, Lukas Reiter |
1994 | Stetson University College of Law | Angelo M. Patacca, Jr., Karen A. Williams |
1993 | Notre Dame Law School | Dominique Comacho, Frank J. Kros, Edward Sullivan |
1992* | Northwestern University School of Law | Kate Kennelly, Judith Krieg, Mark Niemeyer |
1991 | University of Texas School of Law | Nick Pittman, Greg Reed, Mark Walters |
1990 | Stetson University College of Law | Marie L. DeMarco, Jennifer S. Eden, Douglas T. Noah |
1989 | Stetson University College of Law | Carol E. McMurry, Charles A. Samarkos |
1988 | Chicago-Kent College of Law | Joel Daly, Lauretta Higgins, Peter Roskam |
1987 | California Western School of Law | Peter Bertling, Bruce McDonald |
1986 | Washington University of St. Louis School of Law | Harry Haytayan, Jr., Mark Lynch |
1985 | University of Texas School of Law | Jerry Galow, Paul Heard, Robert Lapin |
Practicing litigators may use mock trials to assist with trial preparation and settlement negotiations. Unlike scholastic mock trials, these mock trials can take numerous forms depending on the information sought. For example, when faced with complex fact issues in a particular case, attorneys might convene a mini mock trial to try different methods of presenting their evidence, sometimes before a mock jury.