II. The class should be divided into three teams.

III. Case Theory

Attorneys need a theory of the case, that is, something about the case that they can focus on to convince the judge or jury that their client should win. You should have an idea of how to proceed. In this case, negligence on the part of both defendants is what you have to prove. Your goal as a trial attorney is to make the jury fell that their decision is not only legally correct but also morally correct. How can you combine the legal and moral aspects of the case into a viable case theory? Decide, what you feel is the most effective theory of the case to maximize your chances of prevailing during the trial.

IV. Discovery.

Never ask a witness a question to which you don’t know the answer: you might not like the response. To avoid surprises, attorneys conduct depositions and submit interrogatories to the opposing parties. If you need additional information, submit written depositions or interrogatories to the teams from whom you need an answer.

(How fast was Ms. Stem going?, When were the brakes on your car last inspected?, Do you have the records available?)

THE TRIAL

V. The Law

Tenn. Code Ann. #55-8-123

A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;

VI. The Facts

VII. The Order

Opening statements

1. Plaintiff
2. defendant McCullough
3. defendant Stem

Questioning of witnesses

1. plaintiff’s first witnesses – direct examination

defendant McCullough’s cross- examination

defendant Stem’s cross-examination

Continue in the same order until all of the plaintiff’s witnesses have been heard.

1. defendant McCullough’s first witness -direct examination

plaintiff’s cross- examination

defendant Stem’s cross-examination

Continue in the same order until all of McCullough’s witnesses have been heard.

1. defendant Stem’s first witness -direct examination

plaintiff’s cross- examination

defendant McCullough’s cross-examination

Continue in the same order until all of Stem’s witnesses have been heard.

Closing Arguments

1. plaintiff
2. defendant McCullough
3. defendant Stem

Rebuttal

Same order as in closing arguments, if allowed.

VII. Objections

During the trial, attorneys are permitted to object to statements or questions that are improper. This occurs most often during the examination of witnesses, but objections can also be made during opening statement and closing arguments. It’s not wise to object every time you have a cause for an objection.

IX. Tips for a successful mock trial.

• Create a formal but relaxed trial atmosphere
• Dress the part
• Argue a fact-based case
• The witnesses must be credible
• Have a fun and enjoy the trial

X. Every case must be entered in an official paper, including domiciles of plaintiff and defendant, allegations, causes, decisions, etc. Here is the form you should fill in.

PROJECT

THE CONFERENCE ON THE JUDICIARY

CULTURAL ISSUES

The conformation of criminal law to societal values is one of the reasons why criminal law differs from state to state and country to country. Cultures have different concepts of what is right and wrong as a reflection of their moral values. E.g. Courts in the USA have begun to take notice of the idea of differing moral values between cultures. In general an immigrant or a visitor to the US is required to conform to the laws of the U.S. However, in some instances, prosecutors either reduce the charge that is brought against a defendant or ask for lighter sentences after conviction in response to recognition of the different cultural values.

1. Do you think there should be a “cultural defence” in the criminal law to mitigate the punishment given to people from a very different cultural background?
1. Can the legal systems of two countries be compared? What are the bases of comparison?
2. Should legal systems borrow from other societies, or does this endanger the home culture?
3. Is media coverage of criminal trials an important part of the democratic process, or does the publicity corrupt the process?
4. Should a justice system as a symbol of the values of a culture set the same standards for everyone, regardless of background, or in an age when people are migrating from one part of the world to a very different one, or do we need to be flexible in recognizing different cultural values?
5. Does the home environment / social status of the criminal matter? Does it matter if the criminal is otherwise a model citizen with a fine family and a steady job?
6. Are there different laws and expectations for members of the different religions and groups?

E.g., in the USA devout members of certain religions are exempted from military service (they must still prove that they deserve the exemption) or are not required to take oaths in court but rather simply have to “affirm” when testifying. There is also no requirement that a child be educated in English; there are many groups that maintain separate schools to teach their language and culture to their American-born children.

1. Does Islamic law govern some members of a society, while a Western civil code is used by others?

A legally trite, but economically important example is that in the USA Native Americans, living on reservations have different laws from their non- Native American neighbours. As a result, there are many gambling establishments on Native American lands even though those lands are in states that forbid gambling.

Asian cultures use a hot coin to “burn” out sickness from a child. The coin leaves a burn mark that has been mistaken by some non- Asian teachers as child abuse.

There have been problems with school officials because the Sikh children are required by their beliefs to carry a small, ceremonial, but nonetheless potentially dangerous knife. Explain how it would be a problem for school officials.

1. Each of these cases you will read involves people caught between their cultural background and courts of law of a different society (cultures intermingle)

Write down what you think the appropriate punishment would be for the following crimes.

1. Do you think that there any “mitigating” factors, such as mental illness, poverty, age, recent immigration, abuse, poor education, that should reduce punishment? Why or why not?
2. In the terms of punishment, which do you think is the stronger value, order in society or the rights of the individual? Explain your position.

WRITING

Describe a trial (true or imaginary) you have witnessed and explain why it was important to you. Use the active vocabulary of Unit 2 and the active vocabulary of the text “To Kill a Mocking Bird” by Harper Lee.

Hints.

A descriptive composition about an event should consist of:

a) an introduction in which you mention the name/type, time/date, place and reason for celebrating the event;

b) a main body in which you describe the preparations for the event and the event itself; and,

c) a conclusion in which you describe people's feelings or comments on the event. Such pieces of writing can be found in magazines, newspapers or travel brochures, or as part of a letter, story, etc.

Points to Consider

When you describe annual events (e.g. a celebration / festival which takes place every year), present tenses are used and the style is formal. However, when giving a personal account of an event which you witnessed or took part in, past tenses are used and the style may be less formal. The passive is frequently used to describe preparations / activities which take place.

To make the description more vivid and interesting, narrative techniques and a variety of descriptive vocabulary can be used to set the scene and describe the atmosphere.

Interpreting the Topic

The number of paragraphs depends on whether the composition task asks for only a description of events or also asks you to explain its significance or how important it is. Compare the topics below. “Describe a typical wedding in your country”. This topic asks only for a description of an event. The style is impersonal. Present tenses should normally be used. “Describe a wedding you attended and explain why it made an impression on you”. This topic asks for a description of an event in narrative form, together with reasons why you enjoyed the event. The style is rather informal. Past tenses should be used.

Introduction

Paragraph 1

Set the scene

(name, time/date, place of event, reason(s) for attending)

Main Body

Paragraph 2

Preparations

(decorations, rehearsals, etc.)

Paragraph 3

Description of actual event

(costumes, food, atmosphere, activities, etc.)

Paragraph 4

explanation 1 and reason

Paragraph 5

explanation 2 and reason

Conclusion

Final Paragraph

feelings, comments, final thoughts

Write an opinion essay on the theme: “Minor offenders doing community service remain part of normal society”. Use the active vocabulary of Unit 2 and the active vocabulary of the text “To Kill a Mocking Bird” by Harper Lee.

An opinion essay is a formal piece of writing. It requires your opinion on a topic, which must be stated clearly, giving various viewpoints on the topic supported by reasons and/or examples. You should also include the opposing viewpoint in another paragraph.

A successful opinion essay should have:

a) an introductory paragraph in which you state the topic and your opinion.

b) a main body which consists of several paragraphs, each presenting a separate viewpoint supported by reasons. You also include a paragraph presenting the opposing viewpoint and reason why you think it is an unconvincing viewpoint; and

c) a conclusion in which you restate your opinion using different words.

Points to consider

• Decide whether you agree or disagree with the subject of the topic, then make a list of your viewpoints and reasons.

• Write well-developed paragraphs, joining the sentences with appropriate linking words and phrases. Do not forget to start each paragraph with a topic sentence which summarises what the paragraph is about.

• Linking words and phrases should also be used to join one paragraph with the other.

Introduction

Paragraph 1

state the topic and your opinion clearly

Main Body

Paragraph 2

viewpoint 1 & reason / example

Paragraph 3

viewpoint 2 & reason / example

Paragraph 4

viewpoint 3 & reason / example

Paragraph 5

opposing viewpoint & reason / example

Conclusion

Final Paragraph

summarise / restate opinion

Imagine you are a correspondent. You need to write a report of the trial you have just been to. Use the active vocabulary of Unit 2 and the active vocabulary of the text “To Kill a Mocking Bird” by Harper Lee.

A report is an informative formal piece of writing concerning a particular person, place, situation, plan, etc; it is addressed to one's superior/colleagues, members of a committee, etc, and is written in response to a request or instruction.

A successful report should consist of:

a) an introductory paragraph which clearly states the purpose and content of the report;

b) a main body in which the relevant information is presented in detail under suitable subheadings; and

c) a conclusion which summarises the information given, and may include an opinion and / or suggestion / recommendation

Note that before you start writing your report you should give information indicating who the report is written to (name/position/ company, etc), who the report is written by (name/position), the subject of the report, and the date: e.g.

To: Peter Roberts, Chairman, Grosvenor & Sons

From: Lindsay O'Neill, Assistant Manager

Subject: Appraisal of Thompson Distribution Co.

Date: 19th March 2004

Points to consider

Reports should be written in a formal style (complex sentences, non-colloquial English, frequent use of the passive, linking words/phrases).

Before you write your report you should think of who the report is being written by and who the report is addressed to.

Give your report an appropriate subject title, then carefully plan the information you will present. Think of suitable subheadings, then decide on the information you will include under each subheading. Use linking words to join your ideas.

To: _______________________

From: _______________________

Subject: _______________________

Date: _______________________

Introduction

Paragraph 1

state the purpose and content of your report

Main body

Paragraphs 2-3-4-5

present each aspect of the subject under separate subheadings (positive / negative points of each aspect are presented in same paragraph)

Conclusion

Final Paragraph

general assessment opinion and / or suggestion / recommendation

‘Crime is on the increase in most places.’ Why do you think this is? What are the causes of the most common committed crimes? Write an opinion essay on the suggested problem. Use the active vocabulary of Unit 2 and the active vocabulary of the test “To Kill a Mocking Bird” by Harper Lee.

Hints.

An opinion essay is a formal piece of writing. It requires your opinion on a topic which must be stated clearly, giving various viewpoints on the topic supported by reasons and / or examples. You should also include the opposing viewpoint in another paragraph.

A successful opinion essay should have:

a) an introductory paragraph in which you state the topic and your opinion;

b) a main body which consists of several paragraphs each presenting a separate viewpoint supported by reasons. You also include a paragraph presenting the opposing viewpoint and reason why you think it is an unconvincing viewpoint;

c) a conclusion in which you restate your opinion using different words.

Useful Expressions for Giving Opinions:

To my mind/To my way of thinking,...

It is my (firm) belief/opinion/view/conviction (that)...

In my opinion/view... My opinion is that,

I (firmly) believe ... I (definitely) feel/think that...

I am (not) convinced that... I am inclined to believe that ...

I (do not) agree that/with ... It seems/appears to me...

It strikes me that... As far as I am concerned....

The layout of an opinion essay will be as follows:

Introduction

Paragraph 1

state the topic and your opinion clearly

Main Body

Paragraph 2

viewpoint and reason/ example

Paragraph 3

viewpoint 2 and reason/ example

Paragraph 4

viewpoint 3 and reason/ example

Paragraph 5

opposing viewpoint and reason/ example

Conclusion

Final Paragraph

summarise/ restate opinion

Write a ‘for and against’ essay ‘Death Penalty: For and Against’.

A ‘for and against’ essay is a formal piece of writing in which a topic is considered from opposing points of view. You should present both sides in a fair way by discussing them objectively and in equal detail.

A good essay of this type should consist of:

a) an introductory paragraph in which you clearly state the topic to be discussed, without giving your opinion;

b) a main body in which the points for and against along with your justifications, examples or reasons are presented in separate paragraphs;

c) a closing paragraph in which you state your opinion or give a balanced consideration of the topic.

Hints:

· Before you start writing your essay you should make a list of the points for and against.

· Each paragraph should start with a topic sentence which summarises the topic of the paragraph.

· Do not use informal style (short forms, colloquial language, etc.) or strong language to express your opinion (I know…, etc.). Express your opinion in a non-emotional way (It seems that, I therefore feel, etc.).

· Well-known quotations relevant to the topic you are writing about will make your composition more interesting.

So the layout of a ‘for and against’ essay is:

Introduction

Paragraph 1 (state the topic: summary of the topic without giving your opinion).

Main Body

Paragraph 2 and 3 (arguments for and justifications, examples and/or reasons).

Paragraph 4 and 5 (arguments against and justifications, examples and/or reasons).

Conclusion

Final paragraph (balanced consideration/your opinion directly or indirectly)

Useful expressions and linking words/phrases:

To list points:

Firstly, first of all, in the first place, to begin/start with;

Secondly, thirdly, finally.

To list advantages:

One/ another/a further/an additional (major) advantage of…is…

The main/greatest/first advantage of…is…

To list disadvantages:

One/ another/a further/an additional (major) disadvantage/drawback of…is…

The main/greatest/most serious/first disadvantage/drawback of…is…

To introduce points/arguments for or against:

One (very convincing) point/argument in favour of…/against…

A further common criticism of…/It could be argued that…

It is often claimed/suggested that…

It is widely argued/maintained that…

It is generally felt/believed/held that…

Some/many/most people claim/suggest/argue/feel that…

Experts maintain/believe/point out/agree/hold that…

Scientists advocate/support the view that…

Critics oppose the view that…/are against/opposed to…

To add more points to the same topic:

In addition (to this), furthermore, moreover, besides, apart from, what is more, as well as, not to mention, etc.

To make contrasting points:

On the other hand, however, still, yet, but, nonetheless, nevertheless, even so;

Even though, while, despite, regardless of the fact that…

Conclusion expressing balanced consideration/opinion:

In conclusion it can/must be said/claimed that…

On balance it seems/appears that…

All things considered it is likely/unlikely/possible/foreseeable that…

Taking everything into account/consideration there is no/little doubt that…

To conclude it is clear/obvious that…

To sum up it is true to say that…