THE IMPERIALISM DEBATES: Pre-Trial Bulletin

I’ve issued a lot of reminders and answered a lot of questions in the past days, and I am writing this post to summarize everything I’ve said for the benefit of all. Let’s use a FAQ format for an easier read. I’ll start with the judges, the lawyers, the clients and witnesses, and end with some answers to general questions.

FOR JUDGES

What do we need to study for the pre-trial?

Focus on your assigned case. I’ll be asking you to give me your assessment of the two teams, highlighting their strengths and weaknesses. I’d also like you to evaluate their work ethic as individuals and as teams. While I will not ask you specific questions about the issue at hand, you will obviously need a working knowledge of the issue if you are to evaluate the teams fairly and objectively.This document will be kept extremely confidential between me and you.

What do you expect us to do during the actual trial?

If you’ve read “Mary’s Missing Lunch” you’ll see that you won’t have much to say during the trial itself. However, I will count on you to facilitate the activity. As your teacher, I do not plan to involve myself in the trial in any way. (The less I involve myself, the better for everyone.)

As a facilitator, you are expected to monitor the time and ensure that all rules and regulations are followed. I am giving you full discretion during the activity. At any time, you can censure (reprimand) any participant. If required, you can cut down the time for testimonies and cross examinations, for each trial will only have one 45-minute period. When it comes to objections from the lawyers, you can either sustain (approve) or overrule (disapprove). In most cases, they will have to justify their objection save for times when the objectionable act is clearly obvious.

As judges, you are not obliged to call out these objectionable acts yourself if they are not called out by an opposing team of lawyers. You are, however, expected to render penalties and demerits to either team depending on the gravity of the objectionable act. Failing to point out an objectionable act is often as grave an error as commiting it.

In extreme cases, a series of objections and objectionable acts can cause chaos and disorder in court. You have the authority to halt the trial, impose new rules, and even eject participants.

What must our attire be?

I encourage the lawyers from all eight sections to coordinate in order to procure and share a judge’s robe (black) and wooden gavel. My deal is that if you can come with a full robe, you won’t have to change out of the PSHS uniform. Otherwise, you’ll have to wear a formal business attire just as the lawyers.

FOR LAWYERS

What will our pre-trial test be like?

I’ll be testing you on your familiarity and knowledge of court procedures and fallacies. To simplify matters, rely on the Rules of Court on pages 5 to 7 of the activity manual. In addition, read “Love is a Fallacy” if you can. In your test, I’ll ask you to write a series of scripts (dialogues) on various moves such as admitting evidence into court and impeaching a witness. I will leave out questions on the matter (content) of your case for now.

How do we determine who will be Attorney 1 and Attorney 2?

That’s completely your call, and I will leave that decision to you up to the last minute. Just remember that Attorney 1 will give the opening statement and assist the clients and witnesses in the testimony. Attorney 2 will crossexamine the opposing side’s witnesses and give the closing statement. Both attorneys are free to talk to each other during the trial; just keep it down, since making too much noise can be an objectionable act.

Can we take down notes?

Definitely! You are free to have all the notes, references, and materials you’ll need on your desk. The only thing you can’t have however, is a script for your witnesses to follow.

Must all evidences be primary sources?

Yes. I’ve been very clear on that. A primary source is a document, artifact, or specimen from the actual historical person or time period. If you will be using text from the Internet or from photocopied books, I request that you make it more presentable and make it look like it actually came from that time period. Replicas or models are also very much welcome.

This mock trial isn’t that different from a traditional debate, isn’t it?

It is pretty different. While I am calling this a debate since it is essentially a battle of ideas and positions, the format is far from being a ‘traditional’ debate. If by traditional debate you refer to two teams, affirmative and negative, dueling over philosophies, statistics, and policies, you’ll need some adjustment.

The mock trial emphasizes the use of facts. Rhetorical tricks and big speeches won’t be as effective here, since your case can be made or broken with a simple yes-or-no question. In the end, what will make a difference is the quality of the facts you use. Your mastery of the facts lead to credibility, and credibility is reflected and seen in your clients and witnesses. If you read “Mary’s Missing Lunch” you’ll notice that the lawyers only deliver speeches in the beginning and end. Most of the time, the argumentation is very indirect. You’ll be hearing testimonies and counter-testimonies and it is through these that the facts are established.

What is our attire?

Business attire, please. Refer to this image: http://bit.ly/eRRHxM Barong is also acceptable for guys.

THE WITNESSES

What will our pre-trial test be like?

You will be writing an affidavit. Here is what it looks like: http://bit.ly/fGBfdV

Essentially, I am checking on the witnesses’ knowledge of the facts about their own character. Take a look again at the template above. In the spaces for items 1, 2, and 3, you will be writing the statements you intend to stick to for the duration of the trial. The affidavit is critical. If you are caught saying something different from what you wrote, that can serve as grounds for your impeachment. Ignorance would be better than lying, although that too comes at a very steep price.

NOTE: The affidavit will be made available to both sides on the day of the trial.

How far must we go to act out our character?

My emphasis will be on whether you can represent the facts of your character well. At the least, be consistent with what the character actually knew, felt, and believed. Imitating the person’s mannerisms and oddities would be great; but if you are not confident acting out, then just stick to the facts. If in acting you feel compelled to adopt a different accent, just keep it respectable. Your priority should be that we can understand you. Avoid accents if we’ll just end up laughing all the time.

Why the need for costumes?

This is my way of emphasizing the importance of the witnesses in the trial. Being a witness is a pretty big deal since everything revolves around you. This is a task I’d like to put your whole effort into — mind, body, heart, and soul! Good luck!

If I get impeached, does that mean I fail?

Not necessarily. Impeachment could mean either (a) you did well but the lawyer did a more mind-blasting job, or (b) you didn’t do too well as a witness. I can determine which one it is by observing your actual performance. If it’s scenario A, you have nothing to worry about. Scenario B isn’t too good for you.

Our team has only one witness while the other side has two (one is a wildcard). How do we make up for this?

First off, more witnesses isn’t always better. Just sayin’.

Second, there will be a segment towards the end of the mock trial when the judge will call for additional witnesses. If your team has no wildcard, you have the option of calling back any witness from the opposing team for further cross examination. Sounds good too, right?

What happens when our client gets impeached?

You lose the case, plain and simple. Don’t worry about getting impeached at the beginning though — the case for impeachment is also something that has to be proved.

GENERAL QUESTIONS

When can we consult?

Consultation is on purely appointment basis only. I prefer lunch time. Otherwise, I am opening up my Facebook to school work. Feel free to leave me a message. YM and e-mail work fine as well.

So what are we fighting for, exactly?

Not much. Just these:

• A +0.50 bonus to your project score. This makes an A++ easy to attain. This project is 40% (!) of your class standing.
• An advantage in the all-essay periodic exam. You will have 25% less to answer.

As I said, not much.

Moreover, there are special category awards as well:

MODEL, OUTSTANDING, AND BEST INDIVIDUAL HONORS. The following honors are up for grabs, and each one corresponds to a +0.50 in their final grade for the activity:

• MODEL JUDGE (only one for all sections)
• OUTSTANDING LAWYER (one per class)
• OUTSTANDING WITNESS (two per class)
• BEST CLIENT (this is per historical figure, ie. BEST MANGAL PANDEY, BEST CHARLES CANNING, etc.)

Interesting yet? Do well and be awesome.

Advertisement