Mock Trial, Introduction to

This presentation explains what is a mock trial, its purpose and benefits apart from the process of planning and organizing a mock trial. The presentation first in series will be followed by depiction of actual mock trials.

1. MOCK TRIALS

2. Presentation by Major General Nilendra Kumar Director Lex Consilium Foundation

3. The aim of this workshop is to explain the process of planning and organizing a mock trial. AIM

4. Learning by doing Concept

5. It means a replica or imitation of something. MOCK

6. It is an imitation trial which simulates a lower court adjudication . It helps lawyers learn mechanics of a trial by use of volunteers as role players. WHAT IS A MOCK TRIAL

7. Prepare the law students to hit the ground running. OBJECTIVE

8. A mock trial simulates disposal of a matter by lower court whereas a moot court relates to appellate court advocacy. DIFFERENCE BETWEEN A MOOT COURT AND MOCK TRIAL

9. To assist the students or litigators with trial preparation. It helps lawyers to learn different methods of leading evidence before a court. OBJECT

10. To introduce the audience to a trial court setting and provide clinical education to lead evidence at a trial court. PURPOSE

11. A proper knowledge of Indian Evidence Act provisions is a prime requisite. SOUND BASE

12. The participants must have studied the procedural laws and rules relating to applicable branch of law. BACKGROUND/ QUALIFICATION

13. The law schools should prepare a plot bank for staging mock trials. PLOT BANK

14. Criminal Law Family Law Domestic Violence Act, 2005 Negotiable Instruments Act, 1881 Consumer Protection Act, 2019 ILLUSTRATIVE LAWS

15. Copyright Act, 1957 Rent Control Act, 1948 Right to Information Act, 2005 Payment of Gratuity Act, 1972 Dowry Prohibition Act, 1961

16. For the sake of simplicity and cut down the time duration the number of participants should be minimum. Hence it is desirable to restrict the number to the following. Trial judge Two counsels Requisite number of witnesses (say two to three each) Accused (where applicable) PARTICIPANTS AND ROLE

17. Choose a simple and short plot with not more than two or three witnesses on either side. SELECTION OF PLOT

18. A number of mock trials should be staged with requisite care to ensure 1. A sequential depiction 2. Progressive learning outcome 3. Capacity building MOCK TRIAL SERIES

19. 1. Decide the lessons to be highlighted. 2. Design the facts of the case. 3. Prepare the version of the rival sides. 4. Insert grounds for objections and challenges. FORMULATION OF PLOT

20. Clash over parking space leading to infliction of injury . Vehicular accident Domestic violence where a newly wedded wife was assaulted Cheque bounce complaint A FEW SUGGESTED THEMES

21. Use of unfair means in university exams Police official demanding and accepting a bribe Disciplinary proceedings for professional misconduct under Bar Council of India Rules Case of deficiency of service in a matter of consumer dispute

22. Chain snatching incident Eviction of tenants on non payment of rent Complaint for copyright violation Breach of contract involving white washing of a flat

23. Rejection of application seeking information under the RTI. Complaint for denial of gratuity by a factory.

24. 1. Ram and Shyam are twin brothers and good cricketers. 2. Naresh is their neighbour. He is also a good batsman but plays for a rival team. ILLUSTRATIVE PLOT

25. 3. A discussion leading to fisticuffs broke out between the two teams one day based on an umpiring decision. 4. During the arguments, the umpires and the organizers struck to the decision that was in Ram & Shyam’s team’s favour.

26. 5. Naresh, short tempered by nature, decided to teach a lesson to the two brothers. 6. Naresh borrowed a hockey stick from Peter, his teammate. 7 . Naresh and his friend Peter attacked Ram & Shyam finding them alone the next evening.

27. 8.The assailants beat the twins badly. Ram sustained a fracture on his elbow. Shyam received severe injuries on his legs and thighs. 9. The matter was reported to the police.

28. 10. Both the brothers had to be hospitalized for six weeks. 11. An FIR was lodged, Naresh and Peter were both arrested and later released on bail. 12. According to medical report, the injuries were caused by blunt hard objects.

29. Amit, a bystander, had seen the victims being way laid and thrashed by Naresh and Peter.

30. Naresh and Peter were both brought to a joint trial for causing grievous hurt to Ram and Shyam.

31. Invite a judge, magistrate (serving or retired ), police official or a practicing advocate to assume role of presiding officer. PRESIDING OFFICER

32. This role can be assumed by a faculty who can intervene to highlight or comment on any aspect of the mock trial and to bring out common mistakes. MODERATOR

33. A ny faculty, judge or lawyer etc . can be selected as a moderator. SELECT A MODERATOR

34. Assign role and characters to the participants.

35. PREPARATION 1 . The plot and relevant documents should be issued to the participants in advance and suitable guidance rendered . 2. The facts not included in the plot may be assumed. 3. All facts which have been assumed must be disclosed at the start of the mock trial during opening address.

36. 1.Decide the purpose of mock trial. 2. Identify lessons to be highlighted 3. Allocate time for Q/A TIME PLANNING

37. 1.Opening address by two sides (5 minutes) 2.Each witness a. Exam in chief 5-10 b. Cross exam 10-15 c. Re-exam 5 20-30 minutes TIME ESTIMATION

38. Simple and straight questions Objections and challenges to be oral Immediate decision by the presiding officer SAVE TIME

39. Each mock trial may take up to three sessions of 60-80 minutes each. TOTAL DURATION

40. Essential documents like FIR, charge sheet & complaint etc would need to be prepared and supplied to the participants at the start of the mock trial to save time. PREPARE AND FURNISH REQUISITE DOCUMENTS

41. 1. How to respond to court questions. 2. To be concise and brief 3. Competence to take on supplementary questions. INCORPORATE AND PRACTISE

42. 1. How to address the court 2. Examination of witnesses 3. Variety of witnesses, e.g.- (a) Child witness (b) Experts (c) Hostile REQUISITE EXPOSURE

43. 1. Corroboration 2. Contradiction ILLUSTRATE

44. 1. Refreshing memory 2. How to contradict a witness INCLUDE

45. 1. Leading Questions 2. Opinion 3. Irrelevant question 4. Inadmissible evidence HIGHLIGHT LAW RELATING TO

46. 1. Carry out rehearsals 2. Envisage and prepare for different contingencies that may come up during a trial CONFIDENCE BUILDING

47. The mock trial must conclude with a summing up by the moderator to discuss lessons learnt followed by a Q/A session to clarify doubts. SUMMING UP

48. Mock trial as a mode of clinical legal education can serve a useful purpose for the students to learn the mechanics of trial advocacy . CONCLUSION

49. ANY QUESTIONS? THANK YOU.