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 The aim of this workshop is to explain the
process of planning and organizing a mock trial.
 Learning by doing
 It means a replica or imitation of something.
 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.
 Prepare the law students to hit the ground
running.
 A mock trial simulates disposal of a matter by lower court
whereas a moot court relates to appellate court advocacy.
 To assist the students or litigators with trial
preparation. It helps lawyers to learn different
methods of leading evidence before a court.
 To introduce the audience to a trial court setting
and provide clinical education to lead evidence at
a trial court.
 A proper knowledge of
Indian Evidence Act
provisions is a prime
requisite.
 The participants must have studied the
procedural laws and rules relating to applicable
branch of law.
 The law schools should prepare a plot bank for
staging mock trials.
 Criminal Law
 Family Law
 Domestic Violence Act, 2005
 Negotiable Instruments Act, 1881
 Consumer Protection Act, 2019
 Copyright Act, 1957
 Rent Control Act, 1948
 Right to Information Act, 2005
 Payment of Gratuity Act, 1972
 Dowry Prohibition Act, 1961
 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)
 Choose a simple and short plot with not more
than two or three witnesses on either side.
A number of mock trials should be staged with
requisite care to ensure
1. A sequential depiction
2. Progressive learning outcome
3. Capacity building
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.
 Clash over parking space leading to infliction of
injury.
 Vehicular accident
 Domestic violence where a newly wedded wife was
assaulted
 Cheque bounce complaint
 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
 Chain snatching incident
 Eviction of tenants on non payment of rent
 Complaint for copyright violation
 Breach of contract involving white washing of a
flat
 Rejection of application seeking information
under the RTI.
 Complaint for denial of gratuity by a factory.
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.
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.
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.
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.
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.
 Amit, a bystander, had seen the victims being
way laid and thrashed by Naresh and Peter.
 Naresh and Peter were both brought to a joint
trial for causing grievous hurt to Ram and
Shyam.
 Invite a judge, magistrate (serving or retired),
police official or a practicing advocate to
assume role of presiding officer.
 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.
 Any faculty, judge or lawyer etc. can be
selected as a moderator.
 Assign role and characters to the participants.
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.
1.Decide the purpose of mock trial.
2. Identify lessons to be highlighted
3. Allocate time for Q/A
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
 Simple and straight questions
 Objections and challenges to be oral
 Immediate decision by the presiding officer
 Each mock trial may take up to three sessions
of 60-80 minutes each.
 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.
1. How to respond to court questions.
2. To be concise and brief
3. Competence to take on supplementary
questions.
1. How to address the court
2. Examination of witnesses
3. Variety of witnesses, e.g.-
(a) Child witness
(b) Experts
(c) Hostile
1. Corroboration
2. Contradiction
1. Refreshing memory
2. How to contradict a witness
1. Leading Questions
2. Opinion
3. Irrelevant question
4. Inadmissible evidence
1. Carry out rehearsals
2. Envisage and prepare for different
contingencies that may come up during a
trial
 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.
 Mock trial as a mode of clinical legal
education can serve a useful purpose for the
students to learn the mechanics of trial
advocacy.
ANY QUESTIONS?
THANK YOU.

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Mock Trial, Introduction to

  • 1.
  • 2.
  • 3.  The aim of this workshop is to explain the process of planning and organizing a mock trial.
  • 5.  It means a replica or imitation of something.
  • 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.
  • 7.  Prepare the law students to hit the ground running.
  • 8.  A mock trial simulates disposal of a matter by lower court whereas a moot court relates to appellate court advocacy.
  • 9.  To assist the students or litigators with trial preparation. It helps lawyers to learn different methods of leading evidence before a court.
  • 10.  To introduce the audience to a trial court setting and provide clinical education to lead evidence at a trial court.
  • 11.  A proper knowledge of Indian Evidence Act provisions is a prime requisite.
  • 12.  The participants must have studied the procedural laws and rules relating to applicable branch of law.
  • 13.  The law schools should prepare a plot bank for staging mock trials.
  • 14.  Criminal Law  Family Law  Domestic Violence Act, 2005  Negotiable Instruments Act, 1881  Consumer Protection Act, 2019
  • 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)
  • 17.  Choose a simple and short plot with not more than two or three witnesses on either side.
  • 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
  • 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.
  • 20.  Clash over parking space leading to infliction of injury.  Vehicular accident  Domestic violence where a newly wedded wife was assaulted  Cheque bounce complaint
  • 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.
  • 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.
  • 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.
  • 33.  Any faculty, judge or lawyer etc. can be selected as 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
  • 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
  • 38.  Simple and straight questions  Objections and challenges to be oral  Immediate decision by the presiding officer
  • 39.  Each mock trial may take up to three sessions of 60-80 minutes each.
  • 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.
  • 41. 1. How to respond to court questions. 2. To be concise and brief 3. Competence to take on supplementary questions.
  • 42. 1. How to address the court 2. Examination of witnesses 3. Variety of witnesses, e.g.- (a) Child witness (b) Experts (c) Hostile
  • 44. 1. Refreshing memory 2. How to contradict a witness
  • 45. 1. Leading Questions 2. Opinion 3. Irrelevant question 4. Inadmissible evidence
  • 46. 1. Carry out rehearsals 2. Envisage and prepare for different contingencies that may come up during a trial
  • 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.
  • 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.