Witness Statements and Opening Statements are due at the end of class on Monday, December 6.
Possible witnesses for the DEFENSE*:
Philip Malloy
Allison Doresett
Coach Earl Jamison
Ben Malloy
Susan Malloy
Ken Barchet
Lisa Gibbons
Todd Becker
Janet Barsky
Ted Griffen
Jennifer Stewart
Cynthia Gambia
Dr. Albert Seymour
* In addition to this list, there may be other potential witnesses that appear in the script. Other witnesses that do not appear in the text of the script can be called AS LONG AS they are crucial to the defense’s case.
Possible witnesses for the PLAINTIFF*:
Margaret Narwin
Bernard Lunser
Dr. Gertrude Doane
Allison Doresett
Ken Barchet
Lisa Gibbons
Jacob Benison
Todd Becker
Janet Barsky
Dr. Joseph Palleni
Jennifer Stewart
Cynthia Gambia
Dr. Albert Seymour
* In addition to this list, there may be other potential witnesses that appear in the script. Other witnesses that do not appear in the text of the script can be called AS LONG AS they are crucial to the plaintiff’s case.
Potential physical articles of evidence for the DEFENSE**:
Memo: Standard Format for Morning Announcement on Public Address System (pg xiii-xiv)
Memo to Dr. Gertrude Doane from Narwin (pg 10)
Memo to Narwin from Doane (pg 12)
Memos originating from Dr. Palleni (pg 69-70, 75-76, and 77-78)
Telegrams (76-77)
Letters (90)
Potential physical articles of evidence for the PLAINTIFF**:
Memo: Standard Format for Morning Announcement on Public Address System (pg xiii-xiv)
Philip’s diary (17, 27, others)
Letters to Anita
“Suspended for Patriotism” article (xv)
**Other articles of evidence (found in the script only) can be created and introduced as long as they are crucial to the defense or plaintiff’s case.
Nothing But the Truth
Mock Trial Preparation
Duties of a WITNESS:
1. Provide testimony that matches assigned role.
2. Prepare notes to bring with you to the witness stand.
3. List major points that are important for someone in your role to present to the court.
4. During your testimony, attempt to make your stand on the issue clear and support this stand with specific information gathered through your research in the script.
5. Tell a story. Don’t sound bored or like you have memorized material.
6. Play your character. Remember, you are ACTING. Try to use your skills as a “method actor” to empathize with your character or their situation.
7. LISTEN to attorneys. Answer the question that is being asked.
8. Work with the attorney that has called you BEFORE the trial to “rehearse” your testimony.
9. Speak loudly and clearly.
Duties of ATTORNEYS:
On OPENING STATEMENTS:
1. Short statement (2-3 minutes)
2. Take a stand that matches your assigned role.
3. Support your information from research in the script.
(See Opening Statement Basics for more information.)
On DIRECT EXAMINATION:
1. Attorney calls the witness to the witness stand and asks questions on behalf of the party the attorney represents.
2. Attempt to ask questions which will result in your side of the case being presented in the ost favorable light.
3. Ask three to five questions beginning with who, what, why, when, where, explain and describe.
4. Keep it simple and concise.
5. Plan a strategy; present witnesses in chronological order or so the sequence of witnesses tells a story.
On CROSS EXAMINATION:
1. Ask “yes” or “no” questions.
2. Avoid opinion or open-ended questions.
3. Do not argue with the witness.
4. Know the answer before you ask the question.
5. Ask two to three questions, if needed.
6. Ask questions to explain, modify, or discredit what the witness has said.
7. Be especially careful to be courteous.
8. Do not cross-examine if you have no reason to do so.
(See Rules of Cross Examination/Ways to Attack a Witness for more information.)
On CLOSING STATEMENTS:
1. Prepare during long pause after all witnesses have been examined.
2. Think about testimony presented during the trial and the information gathered from research.
3. Develop a statement that restates your position.
4. Include facts provided by witnesses during the trial.
5. State facts to undermine the opponent’s case.
6. Tell why your client should win.
Theater II: Opening Statement Basics
1. Develop your theory of the case before writing your opening statement. Your theory of the case consists of a simple, logical story explaining your version of “what really happened.” It must be consistent with the evidence you have, and with the judge/jury’s common-sense notions about how things occur.
2. Start and end with a phrase that summarizes your theme and makes a strong first impression. Leave a lasting picture in your judge’s (or jury’s) mind.
Examples: “This is a case about taking chances.”
“Revenge. That’s what this case is about.”
“The Acme Corporation refuses to do business the
American way. That’s why we’re here today.
3. Introduce yourself and your case.
Example: “Ladies and gentlemen of the jury (or Your Honor), my name
is ____________ and I represent the plaintiff, ________________.”
4. Introduce the essential witnesses that will be heard from during the trial and preview their testimony.
Examples: “During the course of this trial, you will hear from several
witnesses. Officer Jones, a 25-year police department
veteran, will describe the scene of the crash when she
arrived. Mary Smith, a homemaker and mother of three,
will tell you what she heard as she walked her children to
school…” OR
“Listen when Dr. Johnson tells you about what happens to
a rib cage when it is struck by a two-ton car, and you will
know why Joe Jones can no longer work or support his
family.”
5. Present facts in an organized, simple, chronological way. Discuss enough facts that the judge can get an accurate overview of your case, while avoiding cramming so many facts into the opening statement that the judge gets confused.
Example: “On May 1 at 6:00am, Jim was driving his car north on 1st
Avenue, on his way to work. A few minutes later, as he turned
right onto Pine, a green VW van slammed into the passenger side
of Jim’s car…”
6. Demonstrate your enthusiasm, confidence, and integrity through your tone of voice, demeanor and delivery. Remember: you are an ACTOR.
7. Be a storyteller, describing actions vividly, and using emotions and drama where appropriate.
8. Describe your client to the jury in a way that creates empathy for his/her situation.
Example: “I’d like you to meet John Smith. John, please stand up. John is an
accountant. He worked steadily for Acme Accounting for 15 years, supporting himself and his four children. John was a healthy man. He enjoyed hiking and skiing with his family. But on April 15, everything changed.”
9. Avoid arguing or stating personal opinions.
Examples: “He was travelling 50 miles per hour in a 30 mile per hour zone.”
NOT “He was racing his car, buzzing past everything in his path.”
NOT “He was a loose cannon, charging down the road, out of control.”
NOT “I know what it’s like to be the victim of a crime. I was myself robbed
when I was a college student.”
10. Anticipate and explain potential weaknesses in your case. (Trying to hide the weaknesses will damage your credibility with the judge.)
Example: “On the Sunday night of the accident, John went to work as usual. At
4pm, when his shift got out, he and several of his friends from work went to
Frank’s Tavern, as they often did, and he had a couple of beers. After about
one hour, John left to drive home to have dinner with his family.”
11. At the end of your opening statement, ask the jury to return a verdict.
12. Try to avoid using any notes when you deliver your opening statement. NEVER read an opening statement. At most, take one note sheet listing the major points you want to cover. The more eye contact you make with the judge/jury, the more compelling and persuasive your opening statement will be.
Theater II: Witness Responsibilities
1. You will be assigned a character from “Nothing But the Truth.”
2. WRITE: Write a witness statement in terms of what YOUR CHARACTER knows to be the truth. What did your character witness? What can they testify to? Be specific as to dates, times, and locations. If your character has an opinion about either the defendant (Philip) or the plaintiff (Miss Narwin), you may address that in your written statement.
Expectations:
· Write in the FIRST PERSON. (“I saw,” “I heard,” etc.) The attorneys only want to know about what YOU were witness to. (5 points)
· Add as many factual details as possible about the case – see specifics in above paragraph. (10 points)
· Take into consideration your character’s voice – how would THEY write their statement? Don’t write as you, the student. Write as you the character. Remember: you’re acting. (5 points)
· Your statement should be neatly handwritten or typed. (5 points)
· The statement must be three full paragraphs, but no more than a page in length. (5 points)
· Your statement is due at the end of class on Monday, December 6.
TOTAL POSSIBLE POINTS: 30 points (Category: Writing Assignments)
3. CHARACTER ANALYSIS: Answer the questions as set forth in the Character Analysis sheet. These questions are designed to help you understand the character that you will be portraying on the witness stand. If the answers are not found in the script, you must use your creativity and common sense to answer them.
TOTAL POSSIBLE POINTS: 15 points (Category: Writing Assignments)
4. REHEARSE: Work with the attorneys who secure you as a witness. You will prepare your testimony with their assistance. They will help you to prepare your answers to their questions.
You must stick with your original witness statement. DO NOT ALTER THE FACTS AS YOU ORIGINALLY STATED THEM. The judge will have a copy of your statement (it will be entered into evidence) and by lying, you may subject yourself to perjury and/or contempt of court.
You will earn up to 5 participation points each day that you successfully rehearse
your role within your group. Please make sure that you stay on task.
5. PERFORM: You will be assessed as you take the stand as a witness in the mock trial. Please refer to the attached WITNESS PERFORMANCE RUBRIC for details.
TOTAL POSSIBLE POINTS: 20 points (Category: Semester Projects)
WITNESS PERFORMANCE RUBRIC
5 | 4 | 3 | 2 | 1 | Notes: | |
CHARACTER | Performed believably as a character from the script using all of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) emotion consistent with the character during questioning. | Performed as a believable character using four of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) emotion consistent with the character during questioning. | Performed as a somewhat believable character using three of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) emotion consistent with the character during questioning. | Performed the task as a witness using only two of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) emotion consistent with the character during questioning. | Performed the task as a witness using only one of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) emotion consistent with the character during questioning. | |
FACTS | Witness used only the facts stated by them in the witness statement with no embellishments. | Witness used the facts stated by them in the witness statement with few embellishments. | Witness used the facts stated by them in the witness statement with some embellishments. | Witness used the facts stated by them in the witness statement with many embellishments. | Witness used none of the facts stated by them in the witness statement and embellished greatly. | |
VOLUME | Witness could be heard at all times by all members of the court (judge, attorneys, other witnesses, audience). | Witness could be heard at most times by most members of the court (judge, attorneys, other witnesses, audience). | Witness could be heard at some times by some members of the court (judge, attorneys, other witnesses, audience). | Witness could be heard at few times by few members of the court (judge, attorneys, other witnesses, audience). | Witness could not be heard. | |
COURT DECORUM and AUDIENCE ETIQUETTE | Witness used proper court decorum in addressing members of the court (judge, attorneys, fellow witnesses, etc.). Witness used proper audience etiquette: no talking, whispering, commenting before or after performances, eating, drinking, chewing gum, no electronic devices. | Witness used proper court decorum in addressing members of the court (judge, attorneys, fellow witnesses, etc.). Witness failed to use proper audience etiquette on two or fewer occasions during the trial. | Witness used proper court decorum in addressing members of the court most of the time (judge, attorneys, fellow witnesses, etc.). Witness failed to use proper audience etiquette on three or four occasions during the trial. | Witness did not use proper court decorum at all times, and failed to use proper audience etiquette on five or six occasions during the trial. | Witness did not use proper court decorum at all times, and failed to use proper audience etiquette on seven or more occasions during the trial. |
TRIAL VOCABULARY
Civil trial: A trial involving one person complaining about something another person
did or failed to do. In this case, Miss Margaret Narwin is complaining that
Philip Malloy brought about defamation of her character and slandered her
in the press.
Slander: Words falsely spoken that damage the reputation of a person
“Defamation of character”: The communication of a statement that makes a claim,
expressly stated or implied to be factual, that may give
Plaintiff: Miss Narwin is accusing the defendant of slander, or “defamation of
character.” This side of the case presents its arguments first.
Defendant: Philip Malloy is accused by the plaintiff. He has been summoned into court
(with his parents, as he is a minor) and is probably appearing unwillingly.
He will listen to the accusation and will give reasons to justify – or dispute – Narwin’s claim.
Plaintiff’s attorneys: This attorney may ask questions of fact of the defendant and
the plaintiff, but may not ask for opinions. This attorney goes
first for each witness, allowing the defending attorney to cross
examine each witness before dismissing them.
Defending attorneys: This attorney listens to the plaintiff’s side and then tries to
show that the defendant, Philip Malloy, had good reasons for
doing what he did OR that the claim is false. This attorney
can cross-examine witnesses called by the plaintiff’s attorney,
but cannot call any of their own witnesses until the plaintiff’s
side has finished calling their witnesses.
Theater II: Attorney Responsibilities
1. You will be assigned to a role as part of a team of attorneys for either the Plaintiff (Margaret Narwin) or the Defendant (Philip Malloy).
2. As part of that team, you must make decisions regarding dividing tasks among your group.
· Group works together to share speaking time (witness questioning, opening statement, closing statement, objections, etc.) equally during “rehearsals” and the trial. (10 points)
· When speaking time is shared, transitions from one speaker to the next must be smooth and well-prepared. (10 points)
TOTAL POINTS POSSIBLE: 20 points (Category: Semester Projects)
3. WRITE: You will be assigned 2-4 witnesses to question during the course of the trial. You must prepare direct examination questions for your witness based on their Witness Statement as set forth on the Preparation Sheets. This preparation will be done IN ADVANCE of the trial date. (15 points)
WRITE: You will be asked to cross examine at least ONE witness during the course
of the trial. You must prepare cross-examination questions for that witness based on their testimony on the stand as set for on the Preparation Sheets. This preparation will be done WHILE THE WITNESS IS ON THE STAND. (15 points)
TOTAL POINTS POSSIBLE: 30 points (Category: Writing Assignments)
4. WRITE: As a team, you will use the Witness Statements and testimony from all witnesses – and any other evidence you deem crucial to your case – to create both opening and closing statements to the judge. Use the Opening Statement and Closing Statement Basics to your advantage. (Opening Statements must be prepared in advance of the trial date. Closing Statements must be prepared during and after both sides have rested.) Opening Statement due Tuesday, December 7.
TOTAL POINTS POSSIBLE: 20 points (Category: Writing Assignments
5. REHEARSE: Each attorney is responsible for “rehearsing” their own witnesses. You must practice what will be asked of your witness and try to predict what questions the witness might be asked during cross-examination. Rehearse BOTH SIDES of the story! Try to predict what might come at them! Prepare your witnesses!
You will earn up to 5 participation points for each day of successful rehearsal time.
6. PERFORM: You will be assessed as you, as an attorney, question and cross-examine each witness assigned to you. Please see the ATTORNEY PERFORMANCE RUBRIC on reverse for more detail.
TOTAL POSSIBLE POINTS: 20 points (Category: Semester Projects)
ATTORNEY PERFORMANCE RUBRIC
5 | 4 | 3 | 2 | 1 | Notes: | |
CHARACTER | Created attorney character using all of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) enthusiasm relevant to their position. | Created attorney character using four of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) enthusiasm relevant to their position. | Created attorney character using three of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) enthusiasm relevant to their position. | Performed the task of attorney using two of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) enthusiasm relevant to their position. | Performed the task of attorney using one of the following: 1) proper body language, 2) facial expression, 3) tone of voice, 4) gestures, and 5) enthusiasm relevant to their position. | |
TECHNIQUE | Attorney asks questions always consistent with direct or cross examination where appropriate: leading, yes or no, factual, introductory, describing, explaining, etc. | Attorney asks questions mostly consistent with direct or cross examination where appropriate. Rarely strays from the topic, witness statement or theory of case. | Attorney asks questions somewhat consistent with direct or cross examination where appropriate. Occasionally strays from the topic, witness statement or theory of case. | Attorney asks questions occasionally consistent with direct or cross examination where appropriate. Often strays from the topic, witness statement or theory of case. | Attorney is mostly inconsistent with questioning techniques. Attorney strays from the topic almost always, and rarely uses facts in evidence in witness statements. | |
VOLUME and CONFIDENCE | Attorney could be heard at all times by all members of the court (judge, attorneys, witnesses, audience). Possessed a confident, take charge attitude. | Attorney could be heard at most times by most members of the court (judge, attorneys, witnesses, audience). Possessed a confident attitude throughout most of the proceedings. | Attorney could be heard at some times by some members of the court (judge, attorneys, witnesses, audience). Attorney did not appear confident during proceedings. | Attorney could be heard at few times by few members of the court (judge, attorneys, witnesses, audience). Attorney did not appear confident during proceedings. | Attorney could not be heard. | |
COURT DECORUM and AUDIENCE ETIQUETTE | Attorney used proper court decorum in addressing members of the court (judge, attorneys, witnesses, etc.). Attorney used proper audience etiquette: no talking, whispering, commenting before or after performances, eating, drinking, chewing gum, no electronic devices. | Attorney used proper court decorum in addressing members of the court (judge, attorneys, witnesses, etc.). Attorney failed to use proper audience etiquette on two or fewer occasions during the trial. | Attorney used proper court decorum in addressing members of the court most of the time (judge, attorneys, witnesses, etc.). Attorney failed to use proper audience etiquette on three or four occasions | Attorney did not use proper court decorum at all times, and failed to use proper audience etiquette on five or six occasions during the trial. | Attorney did not use proper court decorum at all times, and failed to use proper audience etiquette on seven or more occasions during the trial. |
Main Characters
(in order of appearance)
Dr. Joseph Palleni, assistant principal at Harrison High School; somewhat unimaginative and inflexible.(in order of appearance)
Philip Malloy, the fourteen-year-old protagonist; talented runner and average student with a tendency
toward irreverence. He vents his frustrations in homeroom and English class through small acts of defiance against his teacher.
Margaret Narwin, Philip’s veteran homeroom and English teacher; dedicated and compassionate but a
bit old-fashioned in her approach to teaching; has a high reputation in the school and is generally popular with students.
Bernard Lunser, Philip’s original homeroom teacher; wittily mocks school rituals and regulations and so encourages irreverent behavior.
Allison Doresett, a ninth-grade girl whom Philip wants to impress.
Dr.Gertrude Doane, principal of Harrison High School.
Dr. Albert Seymour, superintendent of schools in Harrison.
Coach Jamison, Philip’s track coach.
Susan Malloy, Philip’s mother; is concerned about his work and well-being but has a rather superficial understanding of his situation.
Benjamin Malloy, Philip’s father; troubled businessman and former track star who takes vicarious satisfaction from Philip’s interest in track.
Ted Griffen, neighbor of the Malloys who is running for the school board.
Jennifer Stewart, education reporter for the Manchester Record.
Jake Barlow, radio talk show host who exploits the patriotism issue.
