In the 2023 state finals round in Madison on March 5, Talani Silpao, an attorney for Waukesha South High School, makes an argument for the defense.

Nov. 15, 2023 – Nearly 100 high school mock trial teams will grapple with a civil liability case in this year’s State Bar of Wisconsin High School Mock Trial tournament.

The State Bar’s 2024 High School Mock Trial program teaches students how our system really works – by doing what lawyers do: try cases firmly grounded in the facts and the law, in front of a neutral arbiter. The tournament is made possible with grants from the Wisconsin Law Foundation.

Volunteers – whether practicing attorneys or judges on the bench – are needed for competitions across Wisconsin in early February and in Madison this March.

The 2024 Case: Illegal Substance Use Gone Wrong

This year’s case – written by the Mock Trial Casewriting Committee – is about experimental use of illegal substances gone wrong. The person who was harmed by consuming a misidentified substance is bringing civil claims against the person who provided the substance: a negligence-based claim brought under a fictitious civil liability statute that allows such claims for harm against distributors, and a claim for defamation based upon harmful statements allegedly made by the distributor after the fact.

“Each year, we try to create a problem that allows students to safely explore current events and issues that they face on a daily basis,” said Kristen Lonergan, committee chair. “With this case, students will grapple with issues of high school drug experimentation and the rippling impacts of the high school rumor mill. Students will weigh issues of personal responsibility against reliance upon representations of others, and they will face the importance of considering the truth before sharing information.”

Casewriting Challenges for the Volunteer Writers

Creating a case for the tournament each year holds its challenges. “The toughest thing about writing a case with this subject matter was creating material that was both entertaining and as balanced as we could get it, all while trying to avoid glorifying or promoting illegal activity. We provided links to resources for help in the materials, and we hope we treated the issue with the seriousness it requires,” Lonergan said.

Since the case cannot be changed once the students begin working on it, “we have to anticipate all the questions and feedback we will get from participants, so we address issues before the case’s release. It can be quite the undertaking,” she said.

“This year, after we were well into drafting the case, we realized questions might arise about whether a court would even allow a civil claim to continue when that claim arises from both parties’ participation in illegal activity,” Lonergan said. “We did a bit of research and learned that other states have statutes that explicitly permit claims against distributors. To get out ahead of that potential concern, we created a fictitious statute that permits this type of civil liability.”

“In so doing, we relied on an old trick of the casewriting committee: whenever something is missing, like an exhibit, a potential witness, or in this case – a law, or when the structure of the case depends upon a specific court ruling, we always say ‘we’ll just put that in the stipulations!’ Only time will tell if it will work seamlessly this year,” Lonergan said.

The Wisconsin High School Mock Trial program is funded by a generous grant from the Wisconsin Law Foundation, the charitable arm of the State Bar of Wisconsin, supporting law-related education and public service programs statewide. Donations to the Wisconsin Law Foundation’s Mock Trial Fund can be made online at wisbar.org/wlfdonate.