Case Study: 'Moot Trial' (Mock Trial)

Paul Jonson, Business (Leisure, Sport & Tourism)

Students research an issue relating to leisure management and solve that problem through the legal process.

"they would be learning the law, issues of law that relate to leisure management and how those issues can be solved through the law - it's learning and fun."

During the year students learn how the legal system works, Study contracts, negligent criminal law, risk management. Develop an understanding of issues and the law.

" In week 10 or 11 they're formed into teams of about 5. That team will have to represent a particular party, they learn to integrate the two."

1. Draft "Pleadings" - statement of claim.

"sets out what their claim is, what facts they rely on, what laws they rely and witnesses they will be calling and preparing witness statements.'

"The other side has to prepare its witness statement, it has to anticipate the legal issues."

2. Present the case.

"I assess the witnesses - how well have they understood their roll? How law relates to them - I look at the lawyers to see how well they understood the case, the questions they have asked."

3. Prepare submissions

"where they sum up the law and the evidence they have heard and present their case - why they should win."

Students choose topics and teams

"with the proviso that they choose different topics - they can't do the same problem, so they have wider learning."

Learn how the law applies to their future field of endeavour.

"So they can really understand how, if someone trips over on an event they are organising, who can be sued."

Time & Effort.

"it takes about 3 hours but it is assessing 10 students, I make a general feedback and judgement there and then."

"I rotate cases and have a bank of about 30 cases. I try and get some topical cases."

Feedback.

"Feedback is on knowledge not performance. Presentation and teamwork is important, I have a set of criteria which the students get at the beginning of the course."

Assessed as a team.

"but may get individual comments. Students will say 'so and so has done nothing' - I will speak to the students to get involved but will be cautious about it."

Shows what students have learned.

"I can tell when they get into the witness box and when they ask the questions, whether they have learned and understood what I've been putting into them."

Teamwork benefits.

 "Two lawyers and two witnesses playing different roles come from different perspectives - the teamwork is fluent as the roles are defined."

Fun.

"They are not training to do law but to understand what is happening, my training was so dry and boring and I try to make that different."

Develop interesting problems.

"Topical and practical day-to-day issues."

Preparation is crucial.

"In terms of the process of the mock trial - so they know the evaluation criteria and link it to the trial."