Mock Trial Competition Manual 2018

Transcription

1 Manual 2018

2 Cntents 1. Cmmunity Endrsed Prgramme... 4 Attendance Rlls (WACE Endrsement Recrd) Cmpetitin Timetable... 5 Administratin... 5 Infrmatin Sessin... 5 Runds... 5 Finals Rules Entries and Teams Arranging the Mck Trials Cnduct f the Mck Trials Judging Criteria and Scring Cmpetitin Frmat and Pints Cmpulsry Attendance Requirement and Frfeiture Plicy regarding the use f electrnic devices during the Mck Trials Breach f Rules and Penalties General Infrmatin Team Cmpsitin Travel Venue and time Dress Cnduct Reserves Barristers Slicitr Judge s Assciate Curt Orderly Witness Legal Ntes and Backgrund Facts Evidence Rules f Evidence Relevance Evidence Opinin Evidence Hearsay Evidence Character Evidence Other Objectins Taking Evidence Preparatin Opening Address (n mre than five minutes) Examinatin-in-Chief (n mre than 10 minutes) Exhibits Tendering and Admissibility Crss-Examinatin (n mre than 10 minutes) Re-Examinatin (n mre than 5 minutes) Clsing Address (n mre than 10 minutes) Prving cases Mck Trial Cmpetitin Manual 2

3 7.1 Civil cases Criminal cases Effective Cmmunicatin Prfessinal Ethics and Curtesy Judges Caches Suggested Caching Schedule Scring Prcedures fr the Curt Hearing Attendance Rll (WACE Endrsement Recrd)... 1 Timesheet... 2 Objectin Sheet... 3 Exhibit List... 4 Ntice f Appearance... 5 Scresheet Summary f Dcuments... 8 Mck Trial Cmpetitin Manual 3

4 1. Cmmunity Endrsed Prgramme The Schl Curriculum and Standards Authrity (SCSA) has recgnised the Cmpetitin and apprved it as a Cmmunity Endrsed Prgramme frm 2015 t Year 10, 11 and 12 students can gain up t 3 WACE units ver a 3 year perid fr their participatin in the Cmpetitin (i.e. frm Year 10 t 12.) Further infrmatin can be fund n SCSA's website. Students must attend the trials s that their participatin can be recrded. An attendance rll is taken during each rund fr this purpse. Students (including reserves) are issued with a Certificate when they finish the cmpetitin. There are three types f certificate that may be issued: Mck Trial Cmpetitin Standard Level (equates t cmpleting the first half f the cmpetitin 3 runds against ther schls.) Mck Trial Cmpetitin Advanced Level (equates t cmpleting the first half f the cmpetitin and cntinuing t cmpete in at least ne f the final runds in Semester 2.) Mck Trial Cmpetitin Participatin (equates t cmpleting less than 3 runds and is nt WACE recgnised.) When schls have ascertained whether their students have met the requirements fr either the Standard Level (PLSMTS) r Advanced Level (PLSMTA) f the Mck Trial Cmpetitin, they advise SCSA via an electrnic data transfer frm their schl s infrmatin recrd system t the Authrity s (SIRS). Teachers must nte the fllwing: Any student wh des nt attend a ttal f three runds will nt achieve WACE accreditatin in the Endrsed Prgramme. A student must attend at least fur runds in rder t achieve WACE accreditatin at the Advanced Level. Attendance Rlls (WACE Endrsement Recrd) Attendance Rlls are required fr evidence f participatin in the Endrsed Prgramme and must be cmpleted fr every student wh attends each mck trial. The Attendance Rll must be cmpleted fr each team, and be signed by the teacher. The Mck Trial Crdinatr shall cllect the Rll n the evening f the trial. The Rll is used t prepare each student s Certificate. This is in cmpliance with SCSA s requirements fr Cmmunity Endrsed Prgrammes. An Attendance Rll can be fund at Appendix 1 f this Manual. This Manual explains the rules and prcedures used in the cmpetitin. Please read it carefully. If there are any areas which need clarificatin please cntact the Mck Trial Crdinatr. We hpe yu enjy participating in the Mck Trial Cmpetitin. Mck Trial Crdinatr Law Sciety f Western Australia Level 4, 160 St Gerge s Terrace PERTH WA 6831 Direct Line: (08) mcktrial@lawscietywa.asn.au Mck Trial Cmpetitin Manual 4

5 2. Cmpetitin Timetable Administratin Team registratin is cmpleted nline befre mid February by fllwing the Registratin link n the Mck Trial Cmpetitin page f the Law Sciety s website. The Law Sciety will issue Certificates fr students in due curse, s please take care t enter the preferred versin f yur students names as there will be a charge fr reprints. A Registratin fee f $ per schl team must be paid by credit card at the time f registratin. A schl may enter mre than ne team. Schls may enter mre than 5 teams nly by arrangement with the Law Sciety. See paragraph 3.1 fr mre details. Upn registratin, schls will receive a Tax Invice Receipt. Infrmatin Sessin An Orientatin and Infrmatin sessin fr Teachers, Judges and Caches will be held in February t explain the Cmpetitin in detail. Details will be published n the Mck Trial Cmpetitin page f the Law Sciety s website. Teachers and vlunteer practitiners are encuraged t attend this sessin. Please cntact the Mck Trial Crdinatr t register yur interest. Runds ROUND 1 ROUND 2 ROUND 3 3 weeks during late February/early March 3 weeks during May 3 weeks during June Finals ROUND 4 ROUND 5 ROUND 6 GRAND FINAL July (16 teams prgress = 8 trials) August (8 teams prgress = 4 trials) September (4 teams prgress = 2 trials) Octber Please refer t the Law Sciety s website fr the cmplete Mck Trial Cmpetitin Calendar. Mck Trial Cmpetitin Manual 5

6 3. Rules 3.1 Entries and Teams 1. The Cmpetitin is pen t WA secndary students wh are nt lder than 18 years f age as at 31 December f the year f the cmpetitin. 2. A team shall cnsist f at least EIGHT students and n mre than twelve students. Each mck trial team has 6 active rles: Barrister x 2; Slicitr; Witness x 2; and Judge s Assciate r Curt Orderly. Teams must include up t 6 Reserves. This is t ensure there are n frfeitures due t illness. It is recmmended that each Reserve is asked t prepare ne f the 6 rles fr the trial. 3. The names f all students in a team shall be entered at the time f registratin. 4. If fr any reasn the number f students in a team falls belw eight, special written applicatin advising the name f the student withdrawing and the student t be included can be made t the Crdinatr. The amendment t the team des nt becme valid until the Crdinatr has given the schl cnfirmatin f acceptance f the change t the team. 5. Only thse persns whse name appears n the riginal entry frm, r wh are accepted by the Crdinatr pursuant t Rule 4, may participate in the Cmpetitin. 6. A student shall nt be included in mre than ne team and students may nt change frm ne team t anther. 7. The Crdinatr may reject any entry frm r applicatin t change students in a team. 8. A schl may enter mre than ne team up t a suggested maximum f 5 teams. Schls seeking t enter mre than 5 teams must have first registered 5 full teams (10-12 students in each team) in rder t be eligible t register additinal teams. After registering 5 full teams the teacher then cntacts the Crdinatr t cnfirm that s/he wishes t register additinal teams, and that the additinal teams have apprpriate caching r ther supervisin the teams will endeavur t cmpete n the same night The Crdinatr cnfirms that 5 full teams have been registered and (balancing bth the abve issues and the aim f maximising participatin) then grants permissin fr additinal teams frm that schl t be registered 3.2 Arranging the Mck Trials 9. The team listed first in the draw shall appear fr the plaintiff/prsecutin. 10. Mck trials take place at the Supreme Curt f Western Australia, Stirling Gardens, Barrack Street, Perth and, if required, at the Mandurah Curt Huse. Trials cmmence at 6pm at the Supreme Curt and 5.30pm in Mandurah. 11. Schls will be asked t nminate at least 3 preferred dates fr the first 3 runds. The Mck Trial Crdinatr will then allcate fixtures and listings and send these t all schls. Mck Trial Cmpetitin Manual 6

7 12. All travel invlved shall be at the schl s expense. 3.3 Cnduct f the Mck Trials 13. The Attendance Rll (WACE Endrsement Recrd) (Appendix 1 f this Manual) must be cmpleted and signed by the teacher and given t the Mck Trial Crdinatr n the evening f the trial. All team members present, including reserves, are t be listed n the rll. The name f the Cach wh assisted the team fr the Rund must als be listed n this dcument. 14. Teams must have at least fur team members present within fifteen minutes f the scheduled cmmencement time. Failure t d s will mean the team frfeits that Rund. 15. If a team has fur members but less than six present n a night fr the trial, that team may re-rganise and include substitutes frm their ppnent team s reserves. Substitutes can be used fr the trial, but thse rles will nt be awarded marks. The trial cannt cmmence until a full team is present. Teachers are urged t encurage their reserves t attend each trial. 16. If a student wh is nt a registered member f the team participates as a substitute, the teacher must infrm the judge befre the trial cmmences. This is because n pints can be awarded fr that rle. 17. If the trial des nt cmmence within fifteen minutes f the scheduled cmmencement time, the team respnsible fr the delay shall frfeit that rund. Please refer t sectin A trial shall take n mre than tw and a half hurs t cmplete. Therefre, the trial must be cmpleted and the curt vacated by 8.30pm. 19. A warning bell (using a bell, r a spn and glass, prvided by the Prsecutin/Plaintiff team) is t be sunded ne minute prir t the end f each sessin f the trial by the Curt Orderly. A secnd ring shall be sunded t signal the end f time allwed. Judges may at their discretin deduct pints if team members g ver time. Judges shuld nt deduct pints if a speaker finishes ahead f time unless they have nt cvered all f the material. Time Keepers are asked NOT TO USE mbile phnes fr time keeping. 20. Witnesses must nt refer t any written material while giving evidence during the trial. If a witness frgets evidence cntained in his r her statement, it is the respnsibility f the barrister t ask questins t prmpt the witness. N marks will be awarded t a witness wh reads their statement r refers t their written statement during the trial. 21. The witnesses must disclse all f their witness statement. If they d nt, the Judge shall read ut what was nt disclsed and deduct pints fr that witness. 22. N ntes r ther written material may be taken int the witness bx r handed t a witness, r passed frm witnesses t barristers r slicitrs, ther than dcuments that are exhibits in the trial. Mck Trial Cmpetitin Manual 7

8 23. Clsing addresses are t be prepared slely by the barristers and slicitr f the team. There is t be n discussin between the barristers and slicitr f each team with any ther participants r spectatrs during the 10 minute adjurnment t prepare their clsing address. 24. N cach r teacher is permitted t prmpt, cach r assist the students at any time during a mck trial. Failure t cmply may disqualify that team frm the Cmpetitin. 25. Teams are nt t relay infrmatin between curt rms relating t the prgress f argument in ther curts ccurring n the same night. This apprach is nt intended t prevent teams debriefing after their trial, but debriefing shuld nly take place at the cnclusin f all the hearings and the judge s cmments. 26. As far as practicable, all teams frm the same schl shall enact their trials n the same evening. Schl teams wh are nt cmpeting n the night f the Cmpetitin but wh will be appearing n a subsequent night using the same case materials must nt attend an earlier trial in that Rund as bservers, even t supprt anther schl team f theirs. 27. Only exhibits, dcuments and infrmatin cntained in the case material are permitted t be entered int evidence. This mdificatin is made because f the time limitatin and restrictin f witnesses that can be called. 28. All exhibits prvided in the case material are t be entered int evidence at the trial regardless f bjectins. An Exhibits List is t be cmpiled by the Judge s Assciate. 29. Precedents ther than thse prvided in the case material are nt t be used. 30. All mck trials shall be cnducted in accrdance with the mdified Rules f Evidence and the Prcedures fr Curt Hearing cntained in this manual. 3.4 Judging Criteria and Scring 31. The mck trial shall be judged using the criteria set ut in the scring sectin f this manual (see Chapter 12) and the Judges Scring Guide cntained in this manual. The Mck Trial Crdinatr may amend the scring criteria and the scre sheet at any time. 32. All pints given r deducted are at the sle discretin f the Judge. 33. The Judge must determine a winner f each mck trial. N draws are allwed. 34. The decisin f the Judge is final in all cases and n crrespndence shall be entered int. 3.5 Cmpetitin Frmat and Pints 35. The Cmpetitin is divided int seven runds. 36. All teams participate in the first three runds f the Cmpetitin. Mck Trial Cmpetitin Manual 8

9 37. In the first three runds, cmpetitin pints shall be allcated n the fllwing basis: 3 pints fr a win 1 pint fr a lss 0 pint fr a frfeit A team frfeited t is awarded the 3 pints N pints are awarded t either team if bth frfeit 38. Upn the cmpletin f the first three runds, the 16 teams with the mst pints prgress t rund 4. Where there is a tie fr the final place r places, thse places shall be given t the team with the highest percentage calculated by dividing the number f pints scred in trials fr the team, by the number f pints scred in trials against the team. 39. Runds 4, 5, and 6 shall be n a knckut basis with the winner f each mck trial advancing t the next rund. Rund 7 will be the Grand Final and the winner shall be the utright winner f the Cmpetitin. 40. The fixtures fr the Finals Runds shall be arranged accrding t the diagram in this Manual (see Appendices.) 3.6 Cmpulsry Attendance Requirement and Frfeiture 41. In the event that a team frfeits a mck trial rund fr any reasn, attendance at the curt is cmpulsry in rder t meet the WACE accreditatin requirements. 42. The Standard Level WACE accreditatin fr the Mck Trial Cmpetitin requires that students participate in at least three runds. The Advanced Level WACE accreditatin fr the Mck Trial Cmpetitin requires that students participate in at least fur runds. 43. A frfeit may ccur fr varius reasns. Frfeits are very disruptive and disappinting fr all cncerned. We aim t avid them if pssible. A team intending t frfeit must cntact the Mck Trial Crdinatr at the first available pprtunity. In the event f a frfeit due t illness, the schl may be asked t prvide medical certificates fr the individual/s that were ill in rder t get their WACE accreditatin. T ensure apprpriate WACE credits are granted, the fllwing prcedure fr frfeits applies: Where at least 4 team members are available n the night the team is required t cmpete. Team reserves must be used where pssible and the ppsitin team reserves may als be used as substitutes (as per rule 15). Where a team wins a mck trial due t a frfeit, attendance at the curt by all winning team members is still expected. If the trial des nt g ahead with reserves r substitutes, students will undertake a mdified activity n the night which will allw them t demnstrate their preparatin fr the trial and accept feedback frm the judge. Mck Trial Cmpetitin Manual 9

10 Students frm the team wh have frfeited (i.e. wh have lst) the rund may als be required t attend curt and cmplete a mdified activity. Depending n the reasn fr the frfeit these students may need t be scheduled t attend t cmplete the alternative activity n anther date. 3.7 Plicy regarding the use f electrnic devices during the Mck Trials 44. In the spirit f the Cmpetitin, students wrk as a team and must nt receive input frm anyne utside f the team during the trial. Fr this reasn, we ask all students t rely nly n paper ntes during the trial. The statement belw is the plicy regarding the use f electrnic devices in the Cmpetitin: The use f any electrnic device (ther than a simple stpwatch r timer) during the mck trial is nt permitted, except in extrardinary circumstances subject t the apprval f the Mck Trial Cmpetitin Crdinatr and the Judge prir t the cmmencement f the trial. An example f an extrardinary circumstance is where a student needs t use a device t cmpensate fr visual impairment. 3.8 Breach f Rules and Penalties 45. If any team r persn cnnected with a team breaches any f the rules f the Cmpetitin, the breach shall be referred t the Mck Trial Crdinatr. 46. If the Mck Trial Crdinatr becmes aware f any serius breach f the rules, the Mck Trial Crdinatr may refer the breach t the Manager, Educatin and Cmmunity Services, Law Sciety f Western Australia, (the Manager) wh will cnsider the breach and may in his/her discretin impse any ne r mre f the fllwing penalties: Team frfeiting that rund Frfeiture f sme r all f the pints scred by a team in a mck trial Frfeiture f cmpetitin pints scred in a rund Suspensin r expulsin f a team member, teacher, r cach frm the cmpetitin A ban f a particular persn respnsible fr a breach frm attending a mck trial Disqualificatin f a team frm the cmpetitin The Manager may als elect nt t act. 47. The decisin f the Manager cncerning a breach and the penalty t be impsed shall be final and binding. Mck Trial Cmpetitin Manual 10

11 4. General Infrmatin 4.1 Team Cmpsitin 2 barristers 1 instructing slicitr 2 witnesses 1 curt rderly (P) r judge s assciate (D) Reserves minimum f tw and maximum f six 4.2 Travel All travel invlved shall be at the schl s wn expense. 4.3 Venue and time It is the respnsibility f the facilitating teacher at each schl t cntact the Mck Trial Crdinatr t arrange a cnvenient date fr the trial as per the dates fr that rund. Trials must be held at the Curts allcated by the Mck Trial Crdinatr r anther venue cnfirmed by the Mck Trial Crdinatr. The Grand Final will be held at the Supreme Curt f Western Australia, Stirling Gardens, Barrack Street, Perth. Trials must cmmence at 6pm unless held at the Mandurah Curt Huse, which cmmence at 5.30pm. If the trial des nt cmmence within fifteen minutes f the scheduled cmmencement time the team respnsible fr the delay shall frfeit that rund. Each case shuld take n lnger than tw and a half hurs. The curts must be vacated by 8.30pm. 4.4 Dress The standard f dress shuld be neat and tidy. Students may wear schl unifrm r dress fr the part. Witnesses are reminded that hats are nt t be wrn in any curt rm at any time, as per curt etiquette. 4.5 Cnduct Teams are advised t arrive at the curt early in rder t be prepared fr the cmmencement f the trial. When all members f the team are present, please see the Mck Trial Crdinatr wh will escrt the team t the curtrm. Due t security requirements, participants may nly enter areas f the building as directed by the Mck Trial Crdinatr. Students may take water bttles int the curt, but n ther fd r drink is permitted. Mbile phnes must be switched ff and phtgraphs are nt allwed t be taken. Schl bags must be kept in curtrms with the students and shuld be stred neatly at the back f the curt. Mck Trial Cmpetitin Manual 11

12 Students and spectatrs are asked t kindly remain quiet during the 10 minute adjurnment while the barristers and slicitrs are preparing clsing addresses. 4.6 Reserves Reserves are expected t attend each caching sessin and mck trial. As a reserve, they are expected t prepare fr ne f the 6 rles fllwing in the event that a student with a designated rle is unable t cmpete in the mck trial fr any reasn. This will ensure that frfeitures are avided. 4.7 Barristers T enable maximum participatin, tw barristers appear fr each team First barrister fr the Prsecutin/Plaintiff team (P) annunces appearances First barrister fr the Defence team (D) annunces appearances First barrister (P) gives the pening address (N bjectins permitted/judge may ask 1 r 2 questins) First barrister (D) gives the pening address (N bjectins permitted/judge may ask 1 r 2 questins) First barrister (P) calls and examines the first witness (examinatin-in-chief) First barrister (D) then crss-examines the first witness First barrister (P) then re-examines the first witness. Secnd barrister (P) calls and examines the secnd witness (examinatin-in-chief) Secnd barrister (D) then crss-examines the secnd witness Secnd barrister (P) then re-examines the secnd witness Secnd barrister (P) annunces the cnclusin t their case Repeat examinatin prcess fr ppsing team: Examinatin-in-chief f witnesses (Defence) Crss examinatin f witnesses (Prsecutin/Plaintiff)) Re-examinatin (Defence) Secnd barrister (D) annunces the cnclusin t their case Secnd barrister (P) gives the clsing address (May refer nly t legal materials prvided and t evidence heard, but nt any ther material.) Secnd barrister (D) gives the clsing address (May refer nly t legal materials prvided and t evidence heard, but nt any ther material.) Mck Trial Cmpetitin Manual 12

13 4.8 Slicitr Advises the barristers in the preparatin f the case. Assists the barristers by recrding evidence and pinting ut imprtant matters. Assists in the preparatin f the clsing address e.g. summarising r cntrasting evidence given. Must be seen t interact with and assist the barristers with the case. Submits their ntes t the Judge in the pink r blue flder prvided by the Law Sciety after the clsing addresses. Only ntes taken during the mck trial by the slicitr must be handed t the Judge. D nt hand any pre-mck trial ntes r preparatry materials t the Judge. 4.9 Judge s Assciate Is t be prvided by the Defence team. Annunces the case e.g. State f Western Australia against Rbinsn (criminal) r Rbinsn and Jnes (civil). Takes exhibits frm the Curt Orderly and shws exhibits t the Judge. Marks all exhibits as directed by the Judge (e.g. exhibit 1 ) and includes the item n the Exhibit List (Appendix 4 f this Manual). Keeps a time sheet recrding when each examinatin and crss examinatin begins and ends and calculates the duratin. The frm prvided fr this purpse (Appendix 2 f this Manual) must be handed t the Judge after the clsing addresses. Keeps a list f bjectins made by each barrister: wh made the bjectin, the nature f the bjectin and the ruling made by the Judge. A frm is prvided fr this purpse (Appendix 3 f this Manual) and must be handed t the Judge after the clsing addresses Curt Orderly Is t be prvided frm the Plaintiff/Prsecutin team. Reminds all present in Curt t turn mbile phnes OFF. Opens the Curt. Clses the Curt. Maintains rder in the Curt. When annuncing the adjurnment fr preparatin f the clsing addresses advises that there is t be n discussin between the barristers and slicitr f each team with any ther participants r spectatrs. Calls witnesses. Swears in witnesses. Takes exhibits frm barristers then shws t the ppsing barristers and t the witness. Hands exhibits t the Judge s Assciate fr marking. Mck Trial Cmpetitin Manual 13

14 Keeps a time sheet recrding when each examinatin and crss examinatin begins and ends, and calculates the duratin. The frm prvided fr this purpse (Appendix 3 f this Manual) must be handed t the Judge s Assciate, wh then hands this t the Judge after the clsing addresses. Time limits are t be strictly adhered t. A ne minute warning is t be sunded by the Curt Orderly (using a bell, r spn and glass [NOT a mbile phne] prvided by the Prsecutin/Plaintiff team). A secnd sunding t signal the end f time allwed in each case. Time limits are: Opening addresses (5 minutes each) Examinatins in Chief (10 minutes each) Crss-Examinatins (10 minutes each) Re-Examinatins (5 minutes each) Adjurnment fr preparing clsing addresses (10 minutes) Clsing addresses (10 minutes each) 4.11 Witness Can state facts (r pinins, if they are experts) in supprt f a party s case. During examinatin-in-chief the witness will: present their statement f evidence t the Curt. faithfully keep t the facts set ut in the statement. ensure all facts in their statement are disclsed. Cannt add t the statement beynd the general scpe f the statement prvided. During crss-examinatin the witness may: when crss-examined abut matters utside their wn statement, bring in additinal evidence that is within the general ambit f witness statements and the agreed facts, r answer: I dn t knw r I can t remember, prvided such answers d nt alter the facts f the statement. Judges are entitled t prhibit a witness giving evidence r, alternatively deduct marks frm the witness scre if the witness unfairly intrduces evidence that is nt within the general ambit f witness statements r the agreed facts Legal Ntes and Backgrund Facts Legal Ntes and ccasinally Backgrund Facts will be prvided with the case materials. The Backgrund Facts are t be regarded as true; they d nt need t be prved. The Legal Ntes prvided with the Case Material are the nly matters f law t be relied upn. Only dcumentatin r exhibits prvided with the case material may be prduced. Mck Trial Cmpetitin Manual 14

15 5. Evidence Rules f Evidence The prceedings f this Mck Trial Cmpetitin shall be gverned by the fllwing rules f evidence. Objectins are cnfined t: Relevance Evidence Opinin Evidence Hearsay Evidence Character Evidence Others: Leading Questins and/r Harassing Questins Only the barrister respnsible fr examining, crss-examining r re-examining the witness may bject t questins put t the witness r evidence given by the witness. 5.1 Relevance Evidence Only relevant evidence is admissible. Relevant means the evidence must prve r tend t prve a fact that is in dispute. All irrelevant material is inadmissible. This is an ver-riding principle that relates t all evidence put befre the Curt. Example 1 - In a case in which the questin is negligence, evidence f previus criminal behaviur (e.g. vilent assaults r speeding) is generally irrelevant as it wuld nt g t whether r nt there was negligence. In cntrast, if the negligence in issue is in relatin t a car crash, whether the defendant was speeding immediately befre the crash r n previus ccasins is relevant t (althugh nt cnclusive f) whether they were driving with due care at the time f the incident in questin. Example 2 - It might be that a questin, particularly in crss examinatin, des nt immediately appear t be relevant. It is acceptable, assuming that the questin is leading t matters f relevance, t respnd t an bjectin based n evidence by saying the line f questining ges t the issue f credibility/negligence/damage r ther matters in issue. Ultimately, it may be necessary t spell ut hw the questin is relevant t prving r disprving the fact in issue. It will, hwever, nt usually be necessary t g t the same level f detail in respnding t an bjectin as it may be in clsing (fr example, in clsing, cunsel might say that the prsecutin has prved that there was negligence by demnstrating that the defendant was speeding, and in turn speeding was prved by the evidence f [witness 1] and crss examinatin f the defendant. In respnding t an bjectin, it might be sufficient t say that the questin ging t speeding is directed t whether the defendant was negligent in his/her driving. That evidence is relevant des nt make it autmatically admissible. The applicatin f the fllwing rules may make it inadmissible. (See 5.2 and fllwing.) Backgrund evidence is nt necessarily irrelevant. Mck Trial Cmpetitin Manual 15

16 5.2 Opinin Evidence Cnclusins r views frmed by witnesses based n facts they have bserved are nt admissible evidence. The facts may be given in evidence, but the pinin may nt. Example 1 - The bservatin by a witness that a persn was red in the face and shaking his fists may be admissible, but the cnclusin r pinin that the persn was angry wuld nt be admissible. Example 2 - The bservatin that a persn smelt f alchl, was slurring his r her wrds and was unsteady n their feet may be admissible, but the cnclusin r pinin that the persn was intxicated wuld nt be admissible. The exceptin t this rule is where pinin evidence is given by a witness wh is an expert in the field t which the pinin relates. Expert in this cntext means smene wh has special expertise in a field, whether frm qualificatins, experience r frmal training in that field. Befre the pinin can be given in evidence, previus evidence given by that witness must qualify them as an expert in the field t which the pinin relates. This is dne by leading evidence frm them f qualificatins, expertise, etc. Anther exceptin is if the pinin evidence cmes frm the witness everyday experience. Fr example, if smene had been a qualified driver fr several years, they may be able t give pinin evidence that smene else was driving ver 70 kms per hur n a rad. 5.3 Hearsay Evidence Hearsay is the statement by a witness f what they heard smene (wh will nt be called as a witness) say. Such evidence is nt admissible. Reasns fr the Hearsay rule are: it is secndhand evidence and may have changed in the retelling; there is n pprtunity t crss-examine the persn wh riginally made the cmment r bservatin; and hearsay evidence is easy t cncct and difficult t disprve Example 1 - Mrs Smith tld me she saw Mr Simpsn driving the car is nt admissible t prve that Mr Simpsn was in fact driving the car. Example 2 - The ambulance driver that attended the scene tld me that he nticed the windws at the huse were brken is nt evidence that windws were brken. T prve that fact, yu wuld need t lead that evidence frm the ambulance driver. Exceptins t the Hearsay rule are: when the statement is made in the heat f the mment and frms part f the verall picture f what ccurred; Example: I verheard the petrl attendant shut, Help me! That man has a gun, may be evidence that culd be lead t prve that the man was armed with a gun. Mck Trial Cmpetitin Manual 16

17 when the statement is made by a party t the prceedings and is against that party s interest (an admissin); Example: I brke that windw, but it was an accident is evidence f a criminal damage charge if it was said by an accused and it is evidence against his r her interest (an admissin that he caused the damage). r; when the statement is nt put frward t establish the truth f a statement, but nly that a statement was made. Example: If a frensic fficer gave evidence that the victim said t him r her that the assault ccurred in the living rm. That evidence is nt t establish the truth f the statement, but explains why the frensic fficer fcused his r her attentin n the living rm during the frensic examinatin. 5.4 Character Evidence Evidence f bad character f a defendant and/r witness may nt be led by the plaintiff/prsecutin. Evidence f gd character may be led by either party, but nly if it is relevant. If the defence raises their gd character r attacks the credit f the witnesses, the plaintiff/prsecutin may crss-examine the defendant abut their bad character. 5.5 Other Objectins Objectins relating t the cnduct f the case may be taken, such as: Leading Questins A leading questin is ne where the frm f the questin suggests the answer. The barrister must nt ask leading questins abut matters in dispute in examinatin-inchief r re-examinatin. Example 1 - Was the car blue? suggests that the car was indeed blue. The apprpriate frm f questin is 'What clur was the car' r 'Can yu tell me what clur the car was'. Example 2 'Did yu see the defendant's car'. A witness can be asked whether they saw a physical bject (such as a car) but identifying the car in the questin as belnging t smene r being stlen, assumes a fact that might need t be separately prved. Leading questins may be asked abut matters nt in dispute, enabling the witness t be taken quickly t the real matters in dispute. Example 1 - In the case f a cllisin, the time and place f the cllisin. Example 2 Instead f asking 'What happened next', cunsel culd cnsider saying 'yu just gave evidence that yu were standing n the crner near the stre. Did yu see anything in the stre?' Mck Trial Cmpetitin Manual 17

18 Hwever, when it cmes t crss-examinatin, leading questins are allwed and are the best types f questins t ask because they suggest the desired answer t the witness. Used effectively, leading questins reduce the witness s respnses t a mere Yes r N. The real pwer f leading questins is that they allw the barrister t cntrl the witness using shrt, single-fact questins (statements, actually) t tell the jury yur client s stry and shw the judge why yur client deserves t win Harassing Questins Harassing r arguing with a witness (usually in crss-examinatin). Example D yu really expect us t believe yur stry? Mck Trial Cmpetitin Manual 18

19 6. Taking Evidence 6.1 Preparatin Effective presentatin f a case requires preparatin by the whle team. When preparing their case, teams shuld: anticipate their ppnent s case; research technical matters by reference t the manual and legal ntes; and identify likely facts and issues in crssexaminatin. Team members are t be aware f the time allwed fr their part f the trial. Team members must take int accunt questins frm the judge when calculating the time. 6.2 Opening Address (n mre than five minutes) An pening address sets ut what the case is abut. Set ut the evidence yu will lead, and the witnesses yu will call. In the case f a jury trial, it is generally cnsidered unwise t refer t the law in great detail in the pening address and fr the purpses f this cmpetitin yu shuld fllw that as a guide. An apprpriate place fr detailed discussin f legal principles is the clsing address. In the instance f a civil case, the pleadings are befre the Curt. It is nt necessary t g thrugh the pleadings in great detail. Yu shuld assume that the Curt is aware f the substance f thse dcuments. Rather, yu shuld identify the issues that are in cntest, and discuss hw the matter will prceed given thse issues. In the instance f a criminal case, the pening address shuld set ut what the case is abut, nting that there is n need fr repetitin (in the case f Defence Cunsel, wh d nt need t repeat the agreed facts that the Prsecutin has just utlined). Rather, yur pening address shuld d the fllwing: 1. It shuld intrduce the matter factually t the curt by way f backgrund (i.e. Why is this case befre the Curt? What happened?) 2. Identify the issues (Dn t waste time repeating facts that the ther cunsel have already utlined, that yu d nt dispute. Get t the heart f the issue/s t be tried). 3. Outline what evidence will be called t supprt yur client s (r the State s) psitin as t what is in issue. D nt think that just because yu are allcated 5 minutes t deliver an pening address, yu must use all f that time. In sme instances it will be apprpriate t deliver a shrt pening address and in ther circumstances it will be mre apprpriate t deliver a lengthier address. 6.3 Examinatin-in-Chief (n mre than 10 minutes) This is the first step in taking evidence. It can be quite hard as the purpse is t get the witness t tell their entire stry withut leading the witness. A way t get the witness t d this is t start questins with wrds such as wh, what, when, where, and hw. Leading questins may be asked abut matters nt in dispute, enabling the witness t be taken quickly t the real matters in dispute. Mck Trial Cmpetitin Manual 19

20 6.4 Exhibits Tendering and Admissibility Exhibits prvided with the case materials are t be tendered by the barristers thrugh the apprpriate witness. This ccurs during the evidence f the witness wh can speak t the exhibit, which is usually the witness wh prepared the exhibit r wh can give admissible evidence abut its cntents. Nte: D nt tender exhibits in the pening r clsing addresses. Example 1: If the exhibit is a huse plan, then the persn wh lives in the huse can identify it even if they didn t prepare it. Barrister 1 (Prsecutin): (Picks up the huse plan) I ll ask the Curt Orderly t shw yu this huse plan. (Curt Orderly stands and cllects the huse plan frm Barrister 1) (Curt Orderly passes the huse plan t Witness) (Witness takes the huse plan and lks at it) (Once the Barrister has asked all f the questins s/he wuld like t ask the dcument is tendered as an exhibit) (Faces Judge) Yur Hnur, I tender the huse plan int evidence as an exhibit. (Curt Orderly cllects huse plan frm Witness) (Curt Orderly passes huse plan t Judge s Assciate) Example 2: If the exhibit is a pht, then it culd be tendered thrugh the persn wh tk it r smene wh recgnises what it shws. Barrister 1 (Plaintiff): (Picks up the pht) I ll ask the Curt Orderly t shw yu this pht. (Curt Orderly stands and cllects the pht frm Barrister 1) (Curt Orderly passes the pht t Witness) (Witness takes the pht and lks at it) (Once the Barrister has asked all f the questins s/he wuld like t ask the pht is tendered as an exhibit) (Faces Judge) Yur Hnur, I tender the pht int evidence as an exhibit. (Curt Orderly cllects pht frm Witness) (Curt Orderly passes pht t Judge s Assciate) Mck Trial Cmpetitin Manual 20

21 Fr Mck Trial Cmpetitin purpses the exhibit is t be regarded as the riginal and admissible. All Mck Trial Cmpetitin exhibits are tendered by agreement and n bjectins are allwed. 6.5 Crss-Examinatin (n mre than 10 minutes) Fllwing the examinatin-in-chief f a witness by their barrister the ppsing barrister may crss-examine this witness. The aim f crss-examinatin is t: Test the accuracy f the evidence first given by the witness in rder t demnstrate: lack f perceptins such as capacity, pprtunity r quality, e.g. the witness was t far away t really see, r was affected by drugs r alchl at the time s culdn t really be thinking clearly; lack f accurate recall; and lack f narrative ability. Attack the credibility f the witness (whether they can be believed) n the fllwing grunds: bias, interest, prejudice e.g.; being a friend r relative f the plaintiff r defendant; prir cnvictins f witnesses ther than the accused; mral character e.g. having a reputatin fr lying r dishnesty; incnsistent statements n previus ccasins e.g. statements given t the plice; Establish facts which supprt this barrister s wn case. In crss-examinatin leading questins shuld be asked. Example - in a driving in a dangerus manner case, the witness said that the driver was travelling very fast - abut 120 km per hur. It might be difficult fr a crssexaminer t vercme this. Hwever, by asking a series f questins abut the ability f the bserver t accurately make that bservatin they might make sme headway (e.g. It was night? [Yes] And it was raining? [Yes] And yu wear glasses? [Yes] And the rain had wet yur glasses? [Yes] etc). Alternatively, the barrister might want t fcus n the rad and traffic cnditins s that the fact f speeding may be minimised (e.g. It was 3am [Yes] And it was n a straight stretch f Great Eastern Highway [Yes]. With n ther cars? [Yes] And with all side streets having a stp sign [Yes] etc). In crss-examinatin a barrister shuld nt: quarrel with a witness; bully the witness t admit they were wrng; r ask a number f questins at the same time withut allwing the witness t answer each questin in turn. Please nte: Fr the purpse f the Mck Trial Cmpetitin facts r material additinal t the Case Materials r Backgrund Facts cannt be put t a witness in crss-examinatin. Mck Trial Cmpetitin Manual 21

22 6.6 Re-Examinatin (n mre than 5 minutes) At the cnclusin f crss-examinatin the barrister wh called the witness has the pprtunity t re-examine. The barrister can nly re-examine t allw the witness t explain matters referred t in the crss-examinatin. It cannt be used t intrduce matters that the barrister frgt t ask in the examinatin-in-chief. Leading questins cannt be asked during re-examinatin. Re-examinatin shuld be used cautiusly. Further questins asked in an effrt t clear up matters, ften make things wrse. 6.7 Clsing Address (n mre than 10 minutes) The purpse f a clsing address is t summarise yur case, make submissins as t the principles f law which are relevant t the case, highlight the strng pints and shw hw the evidence supprts thse pints. A plaintiff r prsecutr will ften limit the issues t be prved t a bare minimum and then shw hw the evidence they have brught prves them. That is because it is easier t prve a simple case. A barrister fr the defence may take the ppsite apprach and create as many issues as pssible t cast dubt as t whether they have all been prved. If there is cnflicting evidence that cannt be recnciled, the plaintiff r prsecutr shuld attempt t shw why their witness shuld be believed. Barristers are permitted t prepare a draft clsing address. This enables them t keep in mind the submissins they need t make as t the law, e.g. highlight prir decisins which favur their case and hw they apply t the prven facts f their case and discuss prir decisins which favur their ppnent s case, and distinguish thse decisins by shwing why they shuld nt apply t the facts f their case. Hwever, the mst imprtant part f mst cases is nt what the law is, but hw the facts and evidence relate t the law. Preparing a draft clsing might help preparatin fr the case, but is always imprtant t add sme extempraneus cmments abut the evidence and the witnesses (i.e. which persn shuld be believed). Remember that in this cmpetitin the legal material that may be used is nly that included in the case material prvided. Mck Trial Cmpetitin Manual 22

23 7. Prving cases 7.1 Civil cases Standard f prf: On the balance f prbabilities The plaintiff must cnvince the Judge that in all prbability, their witness versin f the facts is the right ne n the balance f prbabilities. 7.2 Criminal cases Standard f prf: Beynd reasnable dubt The prsecutin is bliged t prvide evidence that will cnvince the Judge that the accused is guilty beynd reasnable dubt. It is nly the prsecutin in a criminal case that must prve the case beynd reasnable dubt. The prsecutin has t prve the cnstituent parts f the crime charged. Thse cnstituent parts are called elements. These elements are laid dwn by a particular Act f Parliament r case law. Where pssible these elements will be drawn t the attentin f bth prsecutin and defence in the case material prvided. In sme circumstances when the defendant raises a defence, ccasinally the nus is n the defendant t prve that defence n the balance f prbabilities students shuld refer t their legal ntes fr the case. Mck Trial Cmpetitin Manual 23

24 8. Effective Cmmunicatin Persuasin in a curt f law depends n gd cmmunicatin. T cmmunicate effectively yu have t get the judge t listen. Start cnfidently. First impressins are imprtant. Make sure yur vice is well mdulated and able t be heard. D nt speak t quickly. Try t maintain visual cntact with the persn yu are addressing. State yur arguments in a clear cncise way, keeping clse t what yu are trying t prve r disprve. Avid repetitin. It becmes bring. Avid develping habits which may becme irritating, e.g. saying I see every time a witness answers a questin. D nt argue with a witness. Shw curtesy t all present in the Curt. Mck Trial Cmpetitin Manual 24

25 9. Prfessinal Ethics and Curtesy The Mck Trial Cmpetitin enables students t learn sme f the curtesies and matters f ethics which must be bserved in Western Australian Curts. Sme imprtant nes are as fllws: Barristers must nt mislead the Judge by presenting evidence which is knwn t be untrue. A barrister shuld nt argue with the Judge. Hwever, they are allwed t make frceful but curteus submissins. A cmmn phrase used is With respect...i submit. A judge is referred t as Yur Hnur. It is cmmn t use this methd f address fairly frequently, e.g. when beginning a statement directed t the Judge r when replying t a questin they have asked. Only ne barrister shall be standing at any time. A barrister must stand when speaking and sit if the ppsing barrister is speaking. A barrister must stand t make an bjectin, which requires the ppsing barrister t sit. Barristers must remain behind the bar table. They are nt permitted t walk arund the curtrm as seen n televisin r in the mvies. Barristers must accept the ruling f the Judge even thugh they may disagree with it. If a reply is called fr it is usual t say If Yur Hnur pleases, r May it please the Curt. Abbreviatins must nt be used when quting reprts f cases. Example - if quting a case f Smith v Jnes CLR 473 say Smith and Jnes (1942) reprted in Vlume 65 Cmmnwealth Law Reprts at page 473. When referring t what a Judge said in that case they shuld be referred t by their full name e.g. Justice Williams nt Williams, J. Mck Trial Cmpetitin Manual 25

26 10. Judges A Judge is allcated t each trial. Judges are members f the legal prfessin wh vlunteer their time t assist with the Cmpetitin. Vlunteer judges may be practising legal prfessinals, r hld an LLB Diplma, r may be currently enrlled at ne f the Schls f Law at a WA university. Members f the legal prfessin wh vlunteer as a judge will gain CPD Pints. Half f ne pint is allcated per trial judged, up t a maximum f six pints each audit year. The trial prcedures have been mdified in accrdance with the requirements f the Mck Trial Cmpetitin. Allwable bjectins are listed in Sectin 5 f the Manual (Evidence Rules f Evidence). All Judges must read this Manual befre the trial as sme f the prcedures differ frm thse used in an actual curtrm and frm previus years f the Cmpetitin. It is imprtant t be familiar with the scre sheet befre the trial cmmences. Scring is t be dne in accrdance with the Cmpetitin rules and n the fficial scresheet. N draws are allwed. Mck trial prcedures must be adhered t as failure t d s may disadvantage a team. Only exhibits, dcuments and infrmatin cntained in the case material are permitted t be entered int evidence regardless f bjectins. This mdificatin is made because f the time limitatin and restrictin f witnesses that can be called. Ntes are nt permitted t be passed frm witnesses t barristers r slicitrs. Witnesses must disclse all f their witness statement. If they d nt, the Judge shall read ut what was nt disclsed and deduct pints frm that witness scre. Time limits must be strictly adhered t. A trial shall take n mre than tw and a half hurs t cmplete. A ne minute warning is t be sunded during each sectin f the trial by the curt rderly (using a bell, r spn and glass). A secnd sunding will signal the end f time allwed. Judges may at their discretin deduct pints if team members g ver time. Judges shuld nt deduct pints if a speaker finishes ahead f time unless they have nt cvered all f the material. If there is a breach f time limits, the Judges are requested t read ut the remainder f the evidence nt yet given. Judges shuld check the slicitr s ntes made during the mck trial (Nte: pre-mck trial ntes r preparatry materials are nt t be scred and shuld nt be handed up) and award marks fr cntent, questins written dwn which culd assist Cunsel and their active participatin in the trial. Judges will need t check the Judge s Assciate s time sheet and bjectin sheet and als the Curt Orderly s time sheet and award marks fr cntent. Judges are encuraged t ask the barristers ne r tw questins after pening addresses and clsing addresses in rder t discern the barristers depth f understanding f the law and f the case. The barristers are high schl students wh are ften participating in their first mck trial. They might be nervus, particularly when asked questins by the judge. Judges are therefre requested t bear this in mind when assessing the barristers imprmptu answers. Mck Trial Cmpetitin Manual 26

27 Judges shuld give a shrt judgment at the end f the trial. They shuld encurage students by giving suggestins n presentatin, curt prcedure, bjectins, crss examinatin etc., particularly during the earlier runds. Trials must cnclude and the curt be vacated by the specified time f 8.30pm. Mck Trial Cmpetitin Manual 27

28 11. Caches All caches shuld register their details nline fr the current year s Cmpetitin. Where pssible, a cach is allcated t each schl in the Cmpetitin. Caches are members f the legal prfessin wh vlunteer their time t assist with the Cmpetitin. Caches may als be articled clerks r University Law Students. Members f the legal prfessin wh vlunteer as a cach will gain CPD Pints. One pint is allcated per rund cached (apprximately three hurs f caching), up t a maximum f six pints each audit year. Caches shuld liaise with the crdinating teacher f the schl regarding Wrking With Children Check (WWCC) requirements. Caches may als vlunteer t judge but may nt adjudicate any teams they have cached, r any ther team that may result in a cnflict f interest. Any cach cnsidering this shuld discuss this with the Mck Trial Crdinatr. All caches must read the manual befre the trial as sme f the prcedures differ frm thse used in an actual curtrm and frm previus years f the Cmpetitin. The cach s rle is t: Instruct the barristers and slicitr in the preparatin and presentatin f their case. Students will need t knw hw t write an pening and clsing address. They will als require explanatin and technique as t preparatin fr examinatin-in-chief, crss-examinatin and re-examinatin. Ensure that all team members are aware f the time limitatins fr each sectin f the trial. Give all team members caching in curt prcedures and general advcacy. Ensure witnesses disclse all evidence detailed in the witness statements. Students are nt permitted t mit evidence where an bjectin can be raised. The purpse f writing bjectinable material int the witness statement is t prvide barristers the pprtunity t shw their understanding f the rules f evidence. Students can be cached by prviding strategies n hw t deal with bjectins. Witnesses must nt be cached n their facts. Preparatin f witnesses must be dne by the team barristers. The cach shuld determine the time and venue fr their caching. Caches are nt expected t spend mre than 2-3 hurs per rund caching. Whilst it is envisaged that caches will ffer guidance, it is expected that any preparatin f material fr presentatin t the curt will be cmpleted by the students themselves. There shall be n caching, prmpting, r assistance f any kind given t any participating students at any time during the cnduct f a mck trial. The fllwing schedule is a suggested guide nly. Time spent with the students will depend n their abilities and any previus experience with the Mck Trial Cmpetitin: Mck Trial Cmpetitin Manual 28

29 Suggested Caching Schedule First meeting: Teacher Cach Students Prir t the first meeting, ensure the students understand: Difference between criminal and civil Rles and duties f varius curt persnnel Curtrm prcedures Previewed case material and manual Secnd meeting: Ensure the students: Have cmpleted a draft pening statement and questins Witnesses have memrized the facts presented in their statements Team members are familiar with curtrm prcedure. Third meeting: Ensure the students have: Fine-tuned their pening statement, examinatinin-chief and pssible crss-examinatin questins Drafted a clsing statement Fine-tuned mck trial perfrmance Legal issues and elements that must be prved Cmpnents f an pening statement Strategies in preparatin f Examinatin-in-Chief Predictin f Crss- Examinatin questins Cnduct in curt View students perfrming segments f mck trial (e.g. pening statement, examinatin-in-chief and predicted crssexaminatin f witnesses) Offer cnstructive criticism (e.g. types f questins, unclear phrases) Re-examinatin questins: when, type f questins Strategies in handling pssible bjectins (e.g. Stand/sit, arguments, cnfirm with cunsel, have a g) Familiarisatin f rules f evidence Clsing statements and incrpratin f legal ntes. View students perfrming mck trial Fine-tune statements, questining techniques, curt cnduct etc thrugh cnstructive criticism Draft Opening Statement Draft Examinatin-in- Chief questins and desired respnses Ntes f expected Crss- Examinatin questins f their witnesses and pssible respnses Fine tune f pening statement, examinatinin-chief and pssible crss-examinatin questins Draft clsing statement Fine-tune mck trial perfrmance Practise making bjectins Practise re-directing questins if witnesses d nt respnd as desired Fine-tune all aspects f case as instructed by cach Mck Trial Cmpetitin Manual 29

30 12. Scring Winning the case des nt necessarily mean winning the rund. A cpy f the scresheet is included as an appendix t this manual. The judge shall allcate pints fr each team member in a mck trial using the scring system set ut n the scresheet. DRAWS ARE NOT ALLOWED. Pints scred will take int cnsideratin: Issues identified in the Scring Guide included in this manual Student demnstratin f understanding the case Knwledge f curt prcedure Presentatin Questining in accrdance with the rules f evidence Demnstrating an awareness f the relevant principles f crss-examinatin and reexaminatin. If a team des nt crss-examine and that is cnsidered a gd tactical decisin, full marks can be awarded Taking bjectins and respnding t bjectins, demnstrating awareness f the relevant principles and the capacity t make lgical, well-argued submissins based n thse principles Editing r missin f material in witnesses evidence; and Attentin t time limits. Checking and Finalising the Scre Sheet The cmpleted scre sheet must be signed by the judge and a teacher/cach frm each team n the night. Each teacher/cach is respnsible fr checking the scresheet thrughly befre it is signed. The teacher f the team that wins the mck trial n pints must hand the cmpleted scresheet t the Mck Trial Crdinatr befre ging hme after the trial. The Mck Trial Crdinatr will cpy the scresheet and send cpies t bth teams n the fllwing business day. Mck Trial Cmpetitin Manual 30

31 13. Prcedures fr the Curt Hearing Judge: Kncks n the bench t indicate that s/he is ready t begin the mck trial. Curt Orderly: "Silence! All stand, please. All: Stand Judge: Bws All: Bw Judge: Sits All: Sit Curt Orderly: "This Mck Curt is nw sitting. Judge s Assciate: stand and annunce the case e.g. Plice against Rbinsn (criminal) r Rbinsn and Jnes (civil) Judge: Wh is appearing in this matter? Barrister 1: Plaintiff/prsecutin "If Yur Hnur pleases, my name is and I am appearing with my learned friend (Barrister 2) fr the plaintiff/prsecutin. We are instructed by (Slicitr). Barrister 1: Defence "If Yur Hnur pleases, my name is and I am appearing with my learned friend (Barrister 2) fr the defendant. We are instructed by (Slicitr). Barrister 1: Plaintiff/Prsecutin (OPENING ADDRESS) Mck Trial Cmpetitin Manual 31

32 Barrister 1: Defence (OPENING ADDRESS) Judge: Call the first witness fr the plaintiff/prsecutin. Barrister 1: Plaintiff/Prsecutin "I call " (name f witness 1) Curt Orderly: (name f witness 1) escrt witness 1 t the witness stand Nte: Witnesses are permitted t remain in the Curt at all times allwing learning by bservatin f curt prcedure. "It is yur duty t assist the Curt in these prceedings by faithfully answering the questins put t yu. D yu understand this? Nte: "faithfully" refers t bserving the rules fr witnesses in this Manual. Witness 1: "Yes" Barrister 1: Plaintiff/Prsecutin (Examinatin-in-Chief f Witness 1) When there are n further questins That cncludes this witness evidence-in-chief, Yur Hnur. The Judge may ask the ppsing Cunsel: Are yu happy with this evidence? Has it all gne in? If the witness has missed any evidence in his/her statement, at this pint the Judge identifies it and reads it ut. Barrister 1: Defence (Crss-Examinatin f Witness 1) On cnclusin f crss-examinatin "I have n further crss-examinatin questins f the witness, Yur Hnur. Barrister 1: Plaintiff/Prsecutin (Re-examinatin f Witness 1, if apprpriate) At the end f re-examinatin "I have n further re-examinatin questins f the witness, Yur Hnur. May the witness be excused? Judge: The witness is excused frm the witness stand and may return t their seat. Judge: Call the secnd witness fr the plaintiff/prsecutin. Mck Trial Cmpetitin Manual 32

33 Barrister 2: Plaintiff/Prsecutin "I call " (name f witness 2) Curt Orderly: (name f witness 2) escrt witness 2 t the witness stand Nte: Witnesses are permitted t remain in the Curt at all times allwing learning by bservatin f curt prcedure. "It is yur duty t assist the Curt in these prceedings by faithfully answering the questins put t yu. D yu understand this?" Witness 2: "Yes" Barrister 2: Plaintiff/Prsecutin (Examinatin-in-Chief f Witness 2) When there are n further questins That cncludes this witness evidence-in-chief, Yur Hnur. The Judge may ask the ppsing Cunsel: Are yu happy with this evidence? Has it all gne in? If the witness has missed any evidence in his/her statement, at this pint the Judge identifies it and reads it ut. Barrister 2: Defence (Crss-Examinatin f Witness 2) On cnclusin f crss-examinatin "I have n further crss-examinatin questins f the witness, Yur Hnur. Barrister 2: Plaintiff/Prsecutin (Re-examinatin f Witness 2, if apprpriate) At the end f re-examinatin "I have n further re-examinatin questins f the witness, Yur Hnur. May the witness be excused? Judge: The witness is excused frm the witness stand and may return t their seat. Barrister 2: Plaintiff/Prsecutin "Yur Hnur, that is the case fr the plaintiff/prsecutin. Judge: Call the first witness fr the Defence. Mck Trial Cmpetitin Manual 33

34 Barrister 1: Defence "I call " (name f witness 1) Curt Orderly: (witness 1) escrts witness 1 t the witness stand Nte: Witnesses are permitted t remain in the Curt at all times allwing learning by bservatin f curt prcedure. "It is yur duty t assist the Curt in these prceedings by faithfully answering the questins ut t yu. D yu understand this?" Witness 1: "Yes" Barrister 1: Defence (Examinatin-in-Chief f Witness 1) When there are n further questins That cncludes this witness evidence-in-chief, Yur Hnur." The Judge may ask the ppsing Cunsel: Are yu happy with this evidence? Has it all gne in? If the witness has missed any evidence in his/her statement, at this pint the Judge identifies it and reads it ut. Barrister 1: Plaintiff/Prsecutin (Crss-Examinatin f Witness 1) On cnclusin f crss-examinatin "I have n further crss-examinatin questins f the witness, Yur Hnur." Barrister 1: Defence (Re-examinatin f Witness 1, if apprpriate) At the end f re-examinatin "I have n further re-examinatin questins f the witness, Yur Hnur. May the witness be excused? Judge: The witness is excused frm the witness stand and may return t their seat. Judge: Call the secnd witness fr the Defence. Barrister 2: Defence "I call " (name f witness 2) Curt Orderly: (name f witness 2) Mck Trial Cmpetitin Manual 34

35 escrt witness 2 t the witness stand Nte: Witnesses are permitted t remain in the Curt at all times allwing learning by bservatin f curt prcedure. "It is yur duty t assist the Curt in these prceedings by faithfully answering the questins put t yu. D yu understand this?" Witness 2: "Yes" Barrister 2: Defence (Examinatin-in-Chief f Witness 2) When there are n further questins That cncludes this witness evidence-in-chief, Yur Hnur." The Judge may ask the ppsing Cunsel: Are yu happy with this evidence? Has it all gne in? If the witness has missed any evidence in his/her statement, at this pint the Judge identifies it and reads it ut. Barrister 2: Plaintiff/Prsecutin (Crss-Examinatin f Witness 2) On cnclusin f crss-examinatin "I have n further crss-examinatin questins f the witness, Yur Hnur." Barrister 2: Defence (Re-examinatin f Witness 2, if apprpriate) At the end f re-examinatin "I have n further re-examinatin questins f the witness, Yur Hnur. May the witness be excused? Judge: The witness is excused frm the witness stand and may return t their seat. Barrister 2: Defence "Yur Hnur, that is the case fr the Defence. Curt Orderly: "All stand! This Mck Curt is adjurned fr ten minutes. Participants and spectatrs are requested t remain quietly in their seats. Please nte that there is t be n discussin between the barristers and slicitr f each team with any ther participants r spectatrs. All: Stand Mck Trial Cmpetitin Manual 35

36 Judge: Stands and bws All: Bw Judge: Leaves curtrm ADJOURNMENT FOR 10 MINUTES Barristers and Slicitr: Prepare submissins, n ther persn may assist Judge: Kncks n the bench t indicate the mck trial will recmmence. Curt Orderly: "Silence! All stand, please. All: Stand Judge: Stands and bws All: Bw Judge: Sits All: Sit Curt Orderly: "This Mck Curt is nw sitting. Barrister 2: Plaintiff/Prsecutin (CLOSING ADDRESS) Barrister 2: Defence (CLOSING ADDRESS) Judge: May I see the slicitrs ntes? Mck Trial Cmpetitin Manual 36

37 Curt Orderly: Curt Orderly: All: Judge: All: Judge: Cllects slicitrs ntes and hands t Judge s Assciate. "All stand! This Mck Curt is adjurned. Stand Stands and bws Bw Leaves curtrm t cnsider verdict and tally scres SHORT ADJOURNMENT Judge: Kncks n the bench t indicate that the mck trial will recnvene. Curt Orderly: All: "Silence! All stand, please. Stand Judge: Stands and bws All: Bw Judge: Sits All: Curt Orderly: Judge: Sit "This Mck Curt is nw sitting. Delivers judgment in the case, annunces the winning team and scres fr each team and prvides cnstructive feedback t each team. Curt Orderly: All: Judge: All: "All stand! This Mck Curt is adjurned. Stand Stands and bws Bw Mck Trial Cmpetitin Manual 37

38 Attendance Rll (WACE Endrsement Recrd) T be given t the Mck Trial Crdinatr n the evening f the trial Schl: Team Name: Teacher s Name: Cach s Name: Rund N: Date: Student s Name (Please list all team members attending the Curt Rm) Year Level Rle (B1, B2, S, W1, W2, CO, JA r R) B1 = Barrister 1 B2 = Barrister 2 S = Slicitr W1 = Witness 1 W2 = Witness 2 CO = Curt Orderly (if P team) JA = Judge s Assciate (if D team) R = Reserve Teacher s Signature: Mck Trial Cmpetitin Appendix 1

39 Timesheet Timesheets will be kept by bth the Curt Orderly and the Judge s Assciate and handed t the judge after clsing addresses. A ne minute warning is t be sunded during each sectin f the trial by the curt rderly (using a bell r a spn and glass prvided by the prsecutin team). A secnd sunding t signal the end f time allwed. If there is a breach f time limits, the judge is requested t read ut the remainder f the evidence nt yet given. Rund N: Date: Rle Start End Time Taken Barrister 1 P Opening Address (5min) Barrister 1 D Opening Address (5min) Barrister 1 P Examinatin-in-Chief Prs/Plaintiff Witness 1 (10min) Barrister 1 D Crss-Examinatin Prs/Plaintiff Witness 1 (10min) Barrister 1 P Re-Examinatin Prs/Plaintiff Witness 1 (5min) Barrister 2 P Examinatin-in-Chief Prs/Plaintiff Witness 2 (10min) Barrister 2 D Crss-Examinatin Prs/Plaintiff Witness 2 (10min) Barrister 2 P Re-Examinatin Prs/Plaintiff Witness 2 (5min) Barrister 1 D Examinatin-in-Chief Defence Witness 1 (10min) Barrister 1 P Crss-Examinatin Defence Witness 1 (10min) Barrister 1 D Re-Examinatin Defence Witness 1 (5min) Barrister 2 D Examinatin-in-Chief Defence Witness 2 (10min) Barrister 2 P Crss-Examinatin Defence Witness 2 (10min) Barrister 2 D Re-Examinatin Defence Witness 2 (5min) Barrister 2 P Clsing Address (10min) Barrister 2 D Clsing Address (10min) Mck Trial Cmpetitin Appendix 2

40 Objectin Sheet Rund N: Date: Objectin by: Plaintiff/Prsecutin Ruling: (allwed/nt allwed) Objectin by: Defence Ruling: (allwed/nt allwed) Nature f Objectin: Relevance (R), Hearsay (H), Opinin (O), Character (C), Argumentative (AE) Please specify if any ther bjectin is made. Mck Trial Cmpetitin Appendix 3

41 Exhibit List Case: Judge s Assciate (Name): Signed: Rund N: Date: Exhibit N. Descriptin Submitted by P = Prsecutin/Plaintiff D = Defence P r D P r D P r D P r D P r D P r D Mck Trial Cmpetitin Appendix 4

42 Ntice f Appearance Instructins: The Curt Orderly (P side) must bring this frm t the trial. He/she must ensure that it is cmpleted by bth teams befre the curt sits. It is prvided fr the judge at the cmmencement f the trial. The Ntice f Appearance is hw the judge knws the names f the barristers. This dcument als assists the judge when recrding cmments abut the key players during the trial. Rund N: Date: Prsecutin / Plaintiff Team Defence Team Team Name: Team Name: Barrister 1: Barrister 1: Barrister 2: Barrister 2: Slicitr: Slicitr: Witness 1: Witness 1: Witness 2: Witness 2: Curt Orderly: Judge s Assciate: Mck Trial Cmpetitin Appendix 5

43 Scresheet Mck Trial Cmpetitin Appendix 6 - Scresheet

44 Appendix 6 - Scresheet

45 Appendix 7 Scring Guide

46 Appendix 7 Scring Guide

47 Appendix 7 Scring Guide

48 Appendix 7 Scring Guide