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One of the popular presentations during Law Week are the mock trials.

A mock trial is a pretend court hearing which is acted out by people playing a variety of court room roles.

Mock trials are often used by lawyers to test and examine theories prior to going to court. While high school and university law students use mock trials as a practical element throughout their studies.

The Queensland Studies Authority recommends Legal Studies high school students participate in mock trials as a learning experience. By participating in a mock trial students gain skills in confidence to speak publicly and respond spontaneously.

University Law students use mock trials and moot courts as practical element throughout their studies. University Law students in Queensland can compete in moot competitions throughout Australia and overseas. Students develop advocacy and a broad set of skills by participating in moot courts.

Why not hold your own mock trial at home or school and have your class or family participate?

Set-up

1. Select a situation. e.g. this could involve characters from your favourite book or fairytale
2. Create a script
3. Select a cast which includes:
   • Judge (one presiding and two scoring)
   • jury
   • two witnesses
   • prosecutor/plaintiff
   • defendant/complainant.
4. Set time limits to keep the trial running smoothly.

Trial format

1. judge enters
2. presiding judge gives out instructions to the jury
3. judge lets the prosecution and then the defence give an opening statement
4. prosecution calls witness and performs a direct examination
5. defence team cross-examines witness
6. prosecution redirects the witness and the defence may do a re-cross
7. defence calls witnesses and performs a direct examination
8. prosecution cross-examines the witness
9. closing arguments are heard with prosecution going first
10. prosecution and defence may give a rebuttal argument if they still have time remaining

Winner

The two scoring judges score the teams on 1-10 scale based on each stage of the mock trial. The team that has the highest score wins!

Mock Trial in Action

The video below includes highlights taken from a Mock Trial held as part of Law Week 2011.

Scholastic references

Davis. H. T. (1995). The Holderness Moot Court Bench, North Carolina Law Review, 73 N.C.L. Rev. 817.

Dickerson. D (2000). In Re Moot Court, United States Supreme Court, Washington D.C.

Mohamed. R., & Knerr. C. (2000). Brief History of Moot Court: Britain and U.S., Presented at the annual meeting of the Southwestern Political Science Association.

Date created: 2011-04-04; Last published: 11 April 2011; Last updated: 25 November 2011