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A mock trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates
appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ...
hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or experiment with each other. Mock trial is also the name of an extracurricular program in which
student A student is a person enrolled in a school or other educational institution, or more generally, a person who takes a special interest in a subject. In the United Kingdom and most The Commonwealth, commonwealth countries, a "student" attends ...
s participate in rehearsed trials to learn about the legal system in a competitive manner. Interscholastic mock trials take place on all levels including
primary school A primary school (in Ireland, India, the United Kingdom, Australia, New Zealand, Trinidad and Tobago, Jamaica, South Africa, and Singapore), elementary school, or grade school (in North America and the Philippines) is a school for primary ...
,
middle school Middle school, also known as intermediate school, junior high school, junior secondary school, or lower secondary school, is an educational stage between primary school and secondary school. Afghanistan In Afghanistan, middle school includes g ...
,
high school A secondary school, high school, or senior school, is an institution that provides secondary education. Some secondary schools provide both ''lower secondary education'' (ages 11 to 14) and ''upper secondary education'' (ages 14 to 18), i.e., ...
,
college A college (Latin: ''collegium'') may be a tertiary educational institution (sometimes awarding degrees), part of a collegiate university, an institution offering vocational education, a further education institution, or a secondary sc ...
, and
law school A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for b ...
. Mock trial is often taught in conjunction with a course in trial advocacy or takes place as an after school enrichment activity. Some gifted and talented programs may also take place in one.


Litigation related mock trials

Litigators may use mock trials to assist with trial preparation and settlement negotiations of actual cases. Unlike school-related mock trials, these mock trials can take numerous forms depending on the information sought. For example, when faced with complex fact issues in a particular case, attorneys might convene a mini mock trial to try different methods of presenting their evidence, sometimes before a jury.


Competitive school-related mock trials around the world


Asia Pacific

Guam Guam ( ; ) is an island that is an Territories of the United States, organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. Guam's capital is Hagåtña, Guam, Hagåtña, and the most ...
has been hosting the annual Asia-Pacific Invitational Mock Trial Competition. In 2011 and 2012, there were 14 teams from Guam,
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia. It constitutes the southern half of the Korea, Korean Peninsula and borders North Korea along the Korean Demilitarized Zone, with the Yellow Sea to the west and t ...
, and Saipan in its 4th annual competition. The competition was held at the Superior Court of Guam. The teams made up of mostly junior and senior students from
high school A secondary school, high school, or senior school, is an institution that provides secondary education. Some secondary schools provide both ''lower secondary education'' (ages 11 to 14) and ''upper secondary education'' (ages 14 to 18), i.e., ...
s. The Champion of the 4th Annual Asia-Pacific Invitational Mock Trial Competition was Marianas Baptist Academy of Saipan.


Australia

Mock trial competitions in Australia are held regionally. These include: * The Law Society of South Australia Mock Trial Competition comprises a series of simulated court cases by students years 10, 11 and 12 from 32 schools in
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
. * The Law Society of Western Australia Interschool Mock Trial Competition is held each year for students enrolled in years 10, 11 and 12 in
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
. There were 773 students representing 68 teams from 38 schools participated in 2011. * The Capital Region Mock Trial Competition is organized by University of Canberra. There were teams of schools in
Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, an ...
region with year 10, 11 and 12 students. * The New South Wales Mock Trial Competition has been running since 1981 for students years 10 and 11 in
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
initially with 28 schools. There have also been international events with mock trial competitions between Australia and the United Kingdom. In 2008, schools from this region also traveled to
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
to compete in the Empire Mock Trial Competition. The first Asia-Australia mock trial competition via video conference between Australian teams and a Korean team was held in 2009.


Continental Europe

Mock trials in continental Europe are less coordinated than their UK or US counterparts, but there are a few isolated examples. In Germany, the Faculty of Legal Sciences of the University of Regensburg organizes the REGINA Mock Trial. The University of Erlangen-Nuremberg organizes a mock trial specialized in administrative law. In Spain, there is a mock trial program specialized in insurance law coordinated by the Fundacion INADE-UDC Chair of Risk Management and Insurance.


United Kingdom

The National Bar Mock Trial Competition involves students taking on the roles of
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s and
witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
es and presenting their case against teams from other schools. Young Citizens, in association with His Majesty's Courts and Tribunal Service and the Bar Council, has been running Mock Trial Competitions annually since 1991. The competition consists of several regional heats and a national final to decide the winner. In 2022/23, 938 students aged between 15 – 18 years old from 144 schools participated in the competition. The heats were supported by over 70 legal volunteers, including judges, barristers and law students. The Magistrates Mock Trial Competition, organised by Young Citizens in association with the Magistrates Association, involves students taking on the roles of
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
s and
witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
es. In 2022/2023, approximately 2,900 students aged between 12 – 14 years from 193 schools participated in the competition. The heats were supported by approximately 600 legal volunteers, including judges, barristers and law students. Mock Trials are primarily aimed at promoting confidence in public speaking as well as introducing young people to the justice system and legal profession. In Scotland, The School Mock Court Case Project runs both primary and secondary school competitions, although has undertaken a number of international competitions. Currently some 100 schools, circa 3,000 students are involved. As of 2021, international schools started entering the programme, with over 16 countries taking part.


United States


Competition framework

Competitive mock trial functions in yearly cycles. Each year, a case packet is distributed to all participating schools in late summer to early fall. The case packet is a series of documents including the charges, penal code, stipulations, case law, and jury instructions as well as all exhibits and affidavits relevant to the case. National mock trial teams consist of a minimum of six and a maximum of twelve official members. The size of state mock trial teams can vary; California, for example, allows up to 25 official team members. Each team prepares both sides of the case: prosecution and defense in a criminal trial, plaintiff and defense in a civil action. Each side is composed of two or three attorneys as well as two or three witnesses, all played by members of the team. Teams must be organized into two sides of five to six players for the prosecution/plaintiff and defense. It is important to note that high school mock trial is governed by state bar associations, meaning that cases, rules, and competition structure vary from state to state whereas all of college mock trial is governed by the American Mock Trial Association, meaning that every school uses the same case and is subject to the same rules.


=High school

= The mock trial program was started to allow high school students to experience a courtroom setting in a variety of hands-on roles. The mock trials are set up and structured just like a real court and are bound by the same rules. This can help the students to know exactly what role each of the different people in a court (judges, lawyers, witnesses, etc.) do in the judicial system. High school competitions are even held in functional courtrooms in the local City Hall to lend additional authenticity to the trial, are presided over by real judges, and the competing teams are typically coached and scored by practicing attorneys. Cases typically have to do with problems faced by teens, and includes competitors as witnesses. Each year the case for pre-Nationals competitions alternates between a Civil case and a
Criminal case Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
. The cases are set up in such a way that the witnesses, defendant, and prosecution (or plaintiff, for a Civil case) are all given gender neutral names to prevent gender based arguments from being brought up in the final arguments. The National High School Mock Trial Championship began in 1984. Each year, various participating states around the country take turns hosting the tournament. Each state has its own case every year that is different from the national case. This means that the winners of each state competition, who move on to nationals, must study and prepare a completely different case in time for the National High School Mock Trial Championship in May. The national competition is governed by National Mock Trial Championship, Inc.


=College

= Inter-collegiate mock trial is governed by the American Mock Trial Association or AMTA. This organization was founded in 1985 by Richard Calkins, the dean of the Drake University Law School. AMTA sponsors regional and national-level competitions, writes and distributes case packets and rules, and keeps a registry of mock trial competitors and alumni. The case packet is generally written and distributed prior to the scholastic year in August, and case changes are made throughout the season, usually in September, December, and finally in February after Regional competitions and prior to the Opening Round of Championships. Since 2015, AMTA has released a new case to be used for the National Championship following the completion of the Opening Round of Championships. Approximately 700 teams from over 400 universities and colleges will compete in AMTA tournaments. In total, AMTA provides a forum for over 7,300 undergraduate students each academic year to engage in intercollegiate mock trial competitions across the country.


See also

* Model Congress * Model United Nations * Mock election


References


External links

*
collegmocktrial.org

"Perjuries.com Mock Trial Forums"
Online community forum discussing mock trial related topics.
"International Online Mock Trial Competition"
Mock Trial Online Competition hosted by practicing litigators.
"Young Lawyers Division Statewide Mock Trial Competition"
Pennsylvania Mock Trial. Pennsylvania Bar Association.

Florida Law Related Education. 2005. Florida Law Education Association, Inc. 4 Oct. 2006.

Constitutional Rights Foundation. 2006. Constitutional Rights Foundation. 4 Oct. 2006.
"Mock Trials."
Legal Explorer. 2006. State Bar of Wisconsin. 4 Oct. 2006.
"Mock Trial Tournament."
New York State Bar Association. 4 Oct. 2006. New York State Bar Association. 4 Oct. 2006.
"Rules of the Competition."
National High School Mock Trial Championship. 2006. National High School Mock Trial Championship, Inc. 4 Oct. 2006.
"Tennessee State High School Mock Trial Competition."
TBAlink. 2006. Tennessee Bar Association. 10 Oct. 2006.
"Free Trial Advocacy Tips for Trial Lawyers"
Winning Trial Advocacy Techniques blog
"Massachusetts High School Mock Trial"
Massachusetts Bar Association. 2007. Massachusetts Bar Association. 20 Feb 2007.
"Ohio Mock Trial
Ohio Mock Trial
"Free Closing Argument Video"
Mock Trial University, 2012 {{Authority control Legal education Legal research Types of trials