Trial Consulting takes helps from psychologists and communication experts, and economists to aid attorneys in a criminal trial or civil lawsuit. Mock Trial is a competition in which students simulate a real trial. The trial concerns an official case that remains the same throughout the entire academic year. The case alternates between a civil and a criminal case every year. The case is entirely fictional. Teams consist of six to ten members, but only six compete at any given time - 3 attorneys and 3 witnesses. These six people will go against six other people from a different university. Teams must prepare both sides of the case (prosecution/plaintiff and defense) for every competition. This means that any given person could have two roles: one for each side of the case.
At each tournament, there are four rounds. In each round, you perform only one side of your case, meaning you will act as prosecution or defense. A trial consists of opening statements, direct examinations, cross-examinations, and closing statements. Since each team provides three witnesses in a round, a total of six witnesses will be presented in each round of competition, each requiring a direct examination (by an attorney on their team) and a cross-examination (by an attorney from the opposing team). All of these are prepared before trial. In addition, attorneys must also learn how to object. During rounds, the judges score attorneys and witnesses on a scale of 1 to 10. The team that has the most points at the end of a round wins that round. At the end of four rounds, scores are tabulated, and the winners are announced. During the competition, every team will present twice as the prosecution and twice as the defense.
On the intercollegiate circuit, a mock trial team consists of three attorneys and three witnesses on each side of the case (plaintiff/prosecution and defense). The attorneys are responsible for delivering an opening statement, conducting direct and cross-examinations of witnesses, and delivering closing arguments. Witnesses are selected in a sports draft format from a pool of approximately eight to ten available witnesses before the round. Witnesses may be available only to the plaintiff/prosecution, only to the defense, or to both sides of the case. Witnesses consist of both experts as well as lay witnesses. Judges are usually attorneys or coaches, and on some occasions, practicing judges.
While Mock Trial tournaments teach real courtroom skills, there are some differences. First, since they compete with the same case packet multiple times; a majority of our trial is rehearsed. This is very different from a real court since we aren't dealing with real witnesses who may remember or change things at the last minute. We are also limited to some of the arguments and motions we can make. For instance, we are not allowed to ask for a dismissal at the end of the prosecution/plaintiff case in chief, and we are not allowed to undergo pre-trial motions they are, however, provided for us in the case packet with a fictitious ruling from a previous judge.
Mock Trial consultants help in developing questionnaires and other mock trial materials, which helps in mock trial cases.