classroom law project mock trial · pdf fileclassroom law project mock trial workshop june...

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Classroom Law Project Mock Trial Workshop June 21-22, 2013 Table of Contents Vocabulary for State v. Durden .......................................................................................... 3

Sample: Mock Trial Vocabulary State v. Durden ............................................................... 4

Sample: Lee Cavanaugh v. Cup of Joe, Inc., Medical Terminology .................................. 7

Learn the Story through Witness Statements – strategies listed ......................................... 8

Witness Statements assignment .......................................................................................... 9

Opening Statement Brainstorm – lesson plan ................................................................... 11

Opening Statement Brainstorm – student handouts .......................................................... 13

Opening Statement Template ............................................................................................ 15

Direct Examination Practice ............................................................................................. 17

Cross Examination Practice .............................................................................................. 19

Application for Mock Trial Roles ..................................................................................... 21

Mock Trial One Week To-Do List .................................................................................... 23

Mock Trial Notebook Assignment .................................................................................... 25

Evaluation of Mock Trial Unit .......................................................................................... 27

Mock Trial Self Assessment ............................................................................................. 28

Handouts from Dawna Bell, Athey Creek Middle School, West Linn-Wilsonville School District.

[email protected] Karen Rouse, West Sylvan Middle School, Portland Public Schools. [email protected]

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Vocabulary for State v. Durden

Recklessly Hazing Culpable mental state manslaughter Gross deviation from the standard of care Unresponsive state Hyperthyroidism Thyroid Acute Hyponatremia Autopsy Anatomical pathology External trauma Sodium serum levels Urinalysis Accelerated or exacerbated

Forensic pathology Anthropology Initiation Philanthropy Pledge master GPA Fixated Highest caliber General liability release Rigorous Optional Overzealous Negative consequences

Strategies for teaching vocabulary: 1. Group words by category (e.g., legal, Greek, medical, other.) Create a chart for each category and have students rate their word recognition.

No idea Have heard it Can define & use it

urinalysis

autopsy

2. Ask pairs to find meanings for the words they do not know; have pairs share with the class the five that they think are most important to the case.

3. Create a Presentation for class. Students take notes and draw a symbol for each word. 4. Use the list to review the trial; have students find the words in the witness statements and guess meaning in context.

5. Post words. Ask students to identify whether the words are important for P or D or both.

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Mock Trial Vocabulary Name ___________________________________

State of Oregon v. Taylor Durden Date _____________________________________ The KEY Word for this trial is “Recklessly”. This word is what the theme of this trial is about. Please take time now to define this word thoroughly and also give an example of its use in a sentence. The sentence should reference something to do with a court case/trial.

Recklessly: ____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Use in a sentence: ____________________________________________________________________________________

____________________________________________________________________________________

The following words and phrases are a mix of words that are necessary for medical/scientific understanding for this trial and also words that are necessary for understanding any trial. Use the computer to define each of these words. 1.

2. Acute Hyponatremia: (with brain stem swelling) ____________________________________________________________________________________

3. Affidavit:

____________________________________________________________________________________

4. Anatomical Pathology:

____________________________________________________________________________________

4. Assumption of Risk: ____________________________________________________________________________________

5. Autopsy: ____________________________________________________________________________________

6. Beyond A Reasonable Doubt:

____________________________________________________________________________________

7. Breach of Duty: _________________________________________________________________________________

8. Burden of Proof: ____________________________________________________________________________________

9. Civil Case: ____________________________________________________________________________________

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10. Criminal Case:

11. Counsel (related to law): ____________________________________________________________________________________

12. Cross Examination:

____________________________________________________________________________________

13. Damages: (related to law)

____________________________________________________________________________________

14. Direct Examination: (related to law) ____________________________________________________________________________________

15. Duty: (related to law) ____________________________________________________________________________________

16. Evidence: (related to law)

____________________________________________________________________________________

17. Fixated:

____________________________________________________________________________________

18. Forensic pathology and Anthropology: ____________________________________________________________________________________

19. GPA: (What does it stand for? How is it calculated? What is ‘good’ GPA? ‘Bad’ GPA?) ____________________________________________________________________________________

20. Gross Deviation from the Standard of Care:

____________________________________________________________________________________

21. Hazing:

____________________________________________________________________________________

22. Hyperthyroidism: ____________________________________________________________________________________

23. Initiation: ____________________________________________________________________________________

24. Intervening Act:

____________________________________________________________________________________

25. Leading Questions:

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____________________________________________________________________________________ 26. Liable:

____________________________________________________________________________________

27. Manslaughter:

____________________________________________________________________________________

28. Negligence: ____________________________________________________________________________________

29. Objections (related to law): ____________________________________________________________________________________

30. Pledge Master: (related to sorority/fraternity/club affiliation):

____________________________________________________________________________________

31. (The) Prosecution: (related to one side of a criminal case):

____________________________________________________________________________________

32. Preponderance of Evidence: ____________________________________________________________________________________

33. Sodium Serum Levels: ____________________________________________________________________________________

34. Thyroid:

____________________________________________________________________________________

35. Unresponsive State:

____________________________________________________________________________________

36. Urinalysis: ____________________________________________________________________________________

37. Witnesses (related to a court case): ___________________________________________________________________________________

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Lee Cavanaugh v. Cup of Joe, Inc. Medical Terminology

Name:

Directions: For each of the following vocabulary words, write a definition in your own words and create a symbol that will help you remember its meaning. Definition (in your own words) Symbol

EMT

Debridement Procedure

IV (Intravenous)

Skin Graft

Reconstructive Surgery

Debilitating

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Learn the Story Through Witness Statements: Strategies to help students read and reread the text

• Dramatic read aloud of each witness statement o Ask: What do you remember? What is this person like? What are his/her

character traits? What is his/her role in the story? What strengths and weaknesses does this witness bring to their side? Hint: encourage students to back up assertions with evidence from the witness statements.

• Break into 6 groups to read statements. o Each group tells the class about their witness using “I” statements. E.g., “My

name is Chris Knight and I…” o One group member is the lawyer and asks all the rest (who all play the same

witness) direct examination questions. OR one person is the witness (hot seat!) and all the rest are attorneys.

• Pair and share information paragraph by paragraph • Perform a mini role-‐play of your witness; use emotion appropriate to your role, but

do not add or subtract from the witness statement. • Write a headline for the witness’s testimony. • Draw one thing from your testimony that represents an important fact. Explain it to

the class. • What one word best describes your witness? Write it on a 3x5 card. On the flip side,

explain why. Teacher collects all. Students guess to which witness each word relates.

• Groups create a storyboard of the (6) key events of the case. Post on walls and follow with a silent gallery walk. Discuss.

• “Who’s to blame?” Students assign blame supported with evidence from the witness statements.

• How will your testimony help your side of the case? (list evidence; identify three most helpful facts.)

• How might your testimony detract from your side? (list evidence; identify three most detrimental facts)

• What is the weakest part of the testimony? Why? • Choose one witness from the opposing side who connects closely to your own

testimony. How are they similar and different? • Note-‐taking for each witness: Prosecution / Defense T-‐chart; timeline; which

exhibits relate to this witness • Write 10, 15, 20 direct examination questions for your witness • Write 5-‐10 cross examination questions for your witness

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State of Oregon v. Taylor Durden Witness Statements

First & Last Name Date

Mock Trial

For each witness statement and on a separate sheet of paper, follow these steps: – Write a header in the upper-right corner – Title the page “Witness Name (P or D)”

1) Write a brief reflection about the witness. 2) Create a witness statement fact t-chart. 3) Create a time line for the witness. 4) List all exhibits that would apply to this witness and explain why.

Example:

Sgt. Chris Knight (P) 1. Reflection: After reading the testimony of each witness, you will write a brief reflection. Give your impression of the witness and their statements – what did you think of their testimony? How do you feel about him/her as a person? How do you feel about their account of the incident? Give specific examples to support your thoughts and ideas. This must be at least one substantial paragraph. Some possible sentence starters/frames: I think… I feel…. I believe….. I wonder…... When _______ said _____________, I thought... _____________ seems to be...... 2. Facts, According to this Witness

Prosecution Defense List facts from the witness statement that will be useful to the Plaintiff's case. Write these in bullet points so it is a summary, not a rewrite of the statement.

List facts from the witness statement that will be useful to the Defendant. Write these in bullet points so it is a summary, not a rewrite of the statement.

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3. Time Line Include all important events, including their date(s) and time(s). 4. Exhibits List all exhibits that apply to this witness. Identify whether the exhibit helps the Prosecution’s case, the Defendant's case, or both. Explain why and how this exhibit applies to the witness. Exhibit # Prosecution,

Defense, or Both How does this exhibit apply to this witness?

Exhibits 1. 911 Phone Transcript 2. Initial Police Incident Report 3. Investigative Report 4. Emergency Room Record 5. Record of Medical Examiner 6. Photograph of the Epsilon Sigma Epsilon House 7. Photograph of Red Plastic 16 oz. “Solo” Brand Cup used by the Victim 8. Photograph of Water Coolers used by ESE in the basement 9. News Report of Hyponatremial Fatality 10. WebMD.com Medical Report on Hyponatremia 11. Medical Release Form 12. Epsilon Sigma Epsilon Pledge Rules 13. Death Certificate of Jessica Bateson 14. Dr. Jackson’s Report

25 Aug 2012 17:08: call dispatched

25 Aug 2012 17:27: arrived on scene

Interviewed: Alex Richards, Taylor Durden, Carmen Cordova

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Opening Statement Brainstorming: Lesson Plan 1) Review final witness statement

2) Warm up: Who said what? (1/4-1/3 with white boards) 3) Opening Statement – what is it? -page 46 – read aloud. Expository, not persuasive.

4) Number off 1-4. Odd numbers for prosecution; even numbers for defense. 5) Before getting into groups, individuals should silently reread the Case Summary and Charges

(2-4) as well as the statutes (5-7) -- but from the perspective of prosecution or defense. As they read, students should underline or highlight information that should be in their opening statement.

6) Students get into the four groups. One scribe per group. (odd = prosecution; even = defense).

Guiding Question: How will you tell the story from your side’s perspective? What must you include?

Story for the Prosecution • What story needs to be told for the jury to understand this case? • What does the jury need to know to find that Taylor Durden is guilty of Second Degree

Manslaughter? • What does the jury need to know to find that Taylor Durden is guilty of Hazing? • What is the “burden of proof” and the applicable law? • What must be proven to show “beyond a reasonable doubt”? • List the events of the case “in an orderly, easy to understand manner.” (If they aren’t

written in the optimal order, number them when you’re done listing!) What exhibits should be mentioned?

• Be sure to include from whom the jury will be learning each piece of information. Story for the Defense

• What story needs to be told for the jury to understand this case? • What is reasonable doubt? • What does the jury need to know to find that Taylor Durden is not guilty of Second

Degree Manslaughter? What facts will show doubt regarding this charge? • What does the jury need to know to find that Taylor Durden is not guilty of Hazing?

What facts will show doubt regarding this charge? • What is the “burden of proof” and what is the applicable law? • List the events of the case “in an orderly, easy to understand manner.” (If they aren’t written

in the optimal order, number them when you’re done listing!) What exhibits should be mentioned?

• Be sure to include from whom the jury will be learning each piece of information.

7) When the groups are done (40+ minutes), have the groups brainstorm mottos for their side – a motto is a succinct, catchy and biased statement that sums up your case.

8) Then, have the two prosecution and two defense groups compare stories.

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9) Finally, have the two groups present their (biased) stories & mottos to the class. Post on chart paper.

Next day (?) As a class, go back and review requirements of an opening statement. Students choose prosecution or defense and write an opening statement. 20 minutes of writing time in class. Share. Opening statements due next day.

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Brainstorm for Opening Statement PROSECUTION Jobs: • One scribe who legibly writes down the ideas on chart paper • The assistant who helps insure the scribe gets all of the ideas down. The

assistant is also an expert • Everyone else is an expert: you contribute key/relevant information on the case.

First, write:

What are the charges and applicable law that must be in the opening? (pg. 2-7) Next, write the story from the prosecution’s perspective:

• What story needs to be told for the jury to understand this case? • What does the jury need to know to find that Taylor Durden is guilty of

Second Degree Manslaughter? • What does the jury need to know to find that Taylor Durden is guilty of

Hazing? • What is the “burden of proof” and who has it? • What must be proven to show “beyond a reasonable doubt”? • List the events of the case “in an orderly, easy to understand manner.” (If

they aren’t written in the optimal order, number them when you’re done listing!)

• Consider your story: what exhibits should be mentioned in the opening? • Be sure to include from whom the jury will be learning each piece of

information.

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Brainstorm for Opening Statement DEFENSE Jobs: • One scribe who legibly writes down the ideas on chart paper • The assistant who helps insure the scribe gets all of the ideas down. The

assistant is also an expert • Everyone else is an expert: you contribute key/relevant information on the case

First, write:

What are the charges and applicable law that must be in the opening? (pg. 2-7) Next, write the story from the perspective of the defense: Story for the Defense

• What story needs to be told for the jury to understand this case? • What is reasonable doubt? What is the burden of proof and who has it? • What does the jury need to know to find that Taylor Durden is not guilty of

Second Degree Manslaughter? What facts will show doubt regarding this charge?

• What does the jury need to know to find that Taylor Durden is not guilty of Hazing? What facts will show doubt regarding this charge?

• List the events of the case “in an orderly, easy to understand manner.” (If they aren’t written in the optimal order, number them when you’re done listing!)

• Consider your story: what exhibits should be mentioned in the opening? • Be sure to include from whom the jury will be learning each piece of

information.

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Mock Trial Name: _____________________________

Opening Statement Template Date: ______________________________ The opening statement is the first time the jury will hear the story of this case. It is the opening statement that will give the details from the beginning to the end, introduce the witnesses (not in a list), explain the circumstances of the case and tell YOUR side of the story. Include your case theory and motto. You have five (5) minutes! TIPS: You can use emotion, story telling techniques, visualizations (“imagine, if you will….”)…any way to draw the jury into the story. You have to “hook” them in with the compelling aspects of your story. Here’s how you start: “Your Honor, my name is: ___________________________________________________ and I will be making the Opening Statement for the Prosecution(Plaintiff)/Defense.” “This case is about…

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(Continue on another paper.) “We will call the following witnesses and they will testify that… (specify to what each witness will testify)

______________________________________________________________________________ ______________________________________________________________________________

______________________________________________________________________________ ______________________________________________________________________________ (Continue on another paper.) “We will establish that: ______________________________________________________________________________ ______________________________________________________________________________

______________________________________________________________________________ ______________________________________________________________________________ (Continue on another paper.) In addition, you must state the charges, use and define key legal terms related to the charges, and mention and explain the burden of proof.

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Mock Trial: State of Oregon v. Taylor Durden Practice writing Direct Examination Questions Direct Examination questions are questions that: • Are considered “Friendly” questions. • A direct examination attorney is your ‘friendly’ attorney • The questions they ask are designed for the witness to tell the story of what happened from

their point of view. • Invite the witness to explain themselves • Often start with: “Tell us what your qualifications are.” “Tell us a bit about yourself.” • Explain the story: “Who else was at the scene?” “How long were you there?” “What did

you do next?” • Will shine a favorable light on your witness

Direct Examination questions AREN’T: • Questions with yes or no answers without explanation • Questions that will cause the witness to ramble

In the spaces below, choose one paragraph on which to focus all questions for each witness. 1. Sgt Chris Knight: A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 2. . Dr. Jaden Chessler: A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 3. . Alex Richards: A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________

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4. . Taylor Durden: A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 5. . Dr. Ahsan Jackson: A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 6. Shawn Boyd: A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________

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Mock Trial: State of Oregon v. Taylor Durden Practice writing Cross Examination Questions Cross Examination questions are LEADING questions (‘yes’ or ‘no’ answers) and are NOT permitted on Direct Examination. Cross Examination questions are questions that : • Directly follow the opposing attorney’s direct examination of a witness. • Explore weaknesses in the opponent’s case • Test the witness’s credibility • Establish facts for your side (against the other side) • Often start with: “Isn’t it a fact that….?.”, “Wouldn’t you agree that…?.” , “Don’t you

think that….?”, “Weren’t you there (or not there) when this happened?” • Suggests the answer you want from the witness: “So, Mr. Smith, you took Ms. Jones to the

movie that night, didn’t you?” Cross Examination questions AREN’T: • Questions that allow the witness to explain themself • Questions that are mean, sarcastic, aggressive but DO get to the point!

Identify one weakness of each witness. Then write 3 Cross Examination questions directly related to that weakness. Hint: The questions should build on each other. 1. Sgt Chris Knight: Weakness: ________________________________________________ A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 2. . Dr. Jaden Chessler: Weakness: _____________________________________________ A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 3. . Alex Richards: Weakness: _________________________________________________ A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________

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4. . Taylor Durden: Weakness: ________________________________________________ A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 5. . Dr. Ahsan Jackson: Weakness: _____________________________________________ A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________ 6. Shawn Boyd: : Weakness: __________________________________________________ A. ____________________________________________________________________ B. ____________________________________________________________________ C. ____________________________________________________________________

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Application: Name: ______________________ Date ________________

Mock Trial Roles: State of Oregon v. Taylor Durden Please identify your top four choices on this sheet (1-4). #1 is your first choice. On the back of this sheet, write a letter to me that explains why/how you are

qualified for each of your top three choices. Please include the amount of effort that you have put into this trial so far. If there is anything else I should take into consideration, please include this as well

HINT: this is a persuasive letter and I will also be looking at how well written it is. I will assign roles based on: 1. your effort over the past weeks; 2. Your attached explanation; 3. by keeping your request in mind; 4. to balance the teams; and 5. to challenge you. ************************************************************************************************** PROSECUTION: Attorneys for the Prosecution: 5 Needed (x 2…two teams) Must work as a team to build a credible case theory AND work independently to ensure that their

piece of the case is thoroughly prepared & convincingly presented to the jury. Must be familiar with the charges, the witness statements, objections, and know absolutely what must be proven to the jury for your side to win.

_____ Opening Statement _____ Direct Examination of Sgt. Chris Knight and Cross Exam of Taylor Durden _____ Direct Examination of Dr. Jaden Chessler and Cross Exam of Dr. Ahsan Jackson _____ Direct Examination of Alex Richards and Cross Exam of Shawn Boyd _____ Closing Arguments Witnesses for the Prosecution: 3 needed (x 2…two teams) Witnesses must be exceptionally familiar with their witness statement; must “become” the

character; must be credible and convincingly tell the story; must remain unshaken under cross examination questions.

_____ Sgt. Chris Knight _____ Dr. Jaden Chessler _____ Alex Richards ____ I would be happy being any witness! (check if this applies)

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DEFENSE: Attorneys for the Defense: 5 Needed (x 2…two teams) Must work as a team to build a credible case theory AND work independently to ensure

that their piece of the case is thoroughly prepared & convincingly presented to the jury. Must be familiar with the charges, the witness statements, objections, and know absolutely what must be proven to the jury for your side to win.

_____ Opening Statement

_____ Direct Examination of Taylor Durden and Cross Exam of Sgt. Chris Knight

_____ Direct Examination of Dr. Ahsan Jackson and Cross Exam of Dr. Jaden Chessler

_____ Direct Examination of Shawn Boyd and Cross Exam of Alex Richards

_____ Closing Arguments Witnesses for the Defense: 3 needed (x 2…two teams) Witnesses must be exceptionally familiar with their witness statement; must “become”

the character; must be credible and convincingly tell the story; must remain unshaken under cross examination questions.

_____ Taylor Durden

_____ Dr. Ahsan Jackson

_____ Shawn Boyd

___ I would be happy being any witness! (check if this applies)

******************************************************************************************

List your choices: Prosecution: ______ Defense: ______ Either: ______

#1 ____________________________________________________________________

#2 ____________________________________________________________________

#3 ____________________________________________________________________

#4 ____________________________________________________________________

Explain why/how you are qualified for each of your top choices. Please include the amount of effort that you have put into this trial so far. If there is anything else I should take into consideration, please include this as well. Please attach another paper to continue your explanation.

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

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Mock Trial To-Do List Prosecution or Defense One week until trial….. Complete the following check list to make sure your team is on track. This list should be used as a guide to your discussion with your team. You must turn this check list in at the end of your team meeting. Opening and Closing: ____ The opening and closing attorneys have their opening and closing remarks in MORE than

a rough draft form? (Show the entire team what you have.) ____ The opening and closing attorneys must choose another attorney on the team to ‘fill in’

for them in case there is an emergency and they can not attend the actual trial (EEK!). ____ The opening and closing attorneys will make a copy of their opening statement and

closing arguments and give them to other members in case they lose them or they do not attend the actual trial.

Notes: ______________________________________________________________________

____________________________________________________________________________ Witnesses and Attorneys: ____ Each witness and attorney team has 20 Direct Examination questions and answers.

(Show the entire team what you have.)

Notes: Who does NOT have a complete set of Direct Examination questions? What will you (individually and as a team) do to get them written? _______________________________________________________________________

_______________________________________________________________________

____ The Witnesses and Attorneys MUST choose another team member to ‘fill in’ for them in

case there is an emergency and they can not attend the actual trial (EEK!). ____ The Witnesses and Attorneys MUST make a copy of their questions and answers and

give them to other members in case they lose them or they do not attend the actual trial. ____ If there are Witnesses or Attorneys who DO NOT have 20 Direct Examination questions,

THEY MUST EXPLAIN WHY and THEY MUST ASK FOR HELP to get those questions written. The team MUST get enough valuable and meaningful questions for EACH witness.

Who on the team is going to help this witness/attorney team get the questions written? _______________________________________________________________________

_______________________________________________________________________

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Email Contact: _____ Each member of the team must share their email contact with one another and start

having outside contact for questions and answers. Make a list on a paper and then have ONE member of the team make enough copies for the team to pass out to all members.

Cross Examination Questions: _____ Go around to each attorney and ask which witness on the other side they will be cross

examining.

_____ Consider, as a team, how you want to “attack” the other side (Think about your Case Theory).

_____ What questions will you HAVE to ask? Go through EACH witness on the other side and figure out which questions are ESSENTIAL.

_____ Have each member take out the paper, “Mock Trial Practice with Writing Cross Examination Questions” and share important questions with each attorney.

_____ Each witness is ALSO helping to write the cross examination questions.

_____ Make sure all witness/attorney team has ‘flipped’ their thinking and are anticipating what cross examination questions and answers are going to come their way at the trial. YOU MUST HAVE ANSWERS READY that will HELP you, not make you look bad!

Attire: Business/professional clothing (no shorts…khakis ok, button down/collared shirts, skirts/dresses, tie, jacket, sweater. Best colors are dark.) _____ Ask each team member if they know what they are going to wear the evening of the

Mock Trial.

How many know what they will wear? _____________

How many know and already have what they are going to wear? __________

How many still have no idea what they will wear? ____________

Do they need help? __________

Who will help whom? ___________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Concerns: Below, make a list of concerns that the team has. Then discuss ways to address and fix those concerns. CONCERNS: HOW TO FIX:

Mock Trial Notebook Assessment 25

Mock Trial Notebook Name: ____________________________ Assigned: Due:

Your mock trial notebook is a collection of EVERY class assignment and activity related to the mock trial. In addition, it will include all of the work that you complete as you prepare for your job for the mock trial. To receive full credit:

• Include a complete header for each assignment: title, correct date, and your name. • Complete each assignment and activity thoughtfully, thoroughly and legibly. • Organize the notebook by date; include a title page and appropriate binding. • Include all notes and preparation related to your mock trial job -‐-‐ drafts, notes, questions,

brainstorms, etc. – during the final two weeks. Title page: title that includes case name, date, your name, appropriate color illustration with caption and, if appropriate, a citation. Assessment: Your Mock Trial Notebook is worth 100 points and will be scored on completion, quality of work and organization. 5 4 3 2 Overall Completion

All items are in the NB and are completed (36-40)

At least 85% of items in NB and completed (32-35)

At least (70%) assignments in NB and/or completed (26-31)

Fewer than (50%) assignments in notebook (15-25)

___/40

Quality of Work

Thoughtful and thorough work throughout. I WANT this student on MY team! (36-40)

Work is generally thoughtful and thorough. This student would be an asset to my team. (32-35)

Work is occasionally thorough, but sometimes incomplete. (26-31)

Work is rarely thorough and often incomplete. Shows little effort and no consistency. (15-25)

___/40

Organization Wow! It’s in order, all entries have titles and dates, all pages are numbered, the title page ROCKS, AND it’s legible. Extra effort in overall look and/or organization. (19-20)

Orderly notebook. It’s easy to find each item. Includes dates and titles for all entries. (16-18)

Notebook is mostly in order. Most entries have dates. (13-15)

Notebook is disorganized. It’s difficult and time consuming to locate items. (12 or less)

___/20

Mock Trial Notebook Assessment 26

Mock Trial Notebook Assessment: DUE:_____________ Student Name: __________________________ Assessed by: _____________________

Completion: Indicate whether or not an item is in the notebook with a “✔ “ or a “0” Quality: Indicate the quality of each entry using the 5 point scale

Completion (✔, 0)

Quality: 5, 4, 3, 2 Item (handout or assignment)

5/10 Title Page: "Lee Cavanaugh vs Cup of Joe"

5/10 Civil Complaint – Choose two and why each is important (hw)

5/15 Dictionary of Medical Terms (in-class notes)

5/15 Assignment for Witness Statements

5/15 HW: Completed for Lee Cavanaugh: Witness statement impressions, T-chart, time line, and exhibits

5/16 HW: Completed for Devon Rutledge: Witness statement impressions, T-chart, time line, and exhibits.*Headline too*

5/17 Assignment for Dictionary of Legal Terms

5/17 HW: Completed for Dr. Cam Gentry: Witness statement impressions, T-chart, time line, and exhibits.

5/21 HW: Completed for Alex Frye: Witness statement impressions, T-chart, time line and exhibits.

5/21 HW: Completed for Jody Bartlett: Witness statement impressions, T-chart, time line and exhibits.

5/21 HW: Completed for Taylor Vickers: Witness statement impressions, T-chart, time line and exhibits.

5/22 Opening Statement assignment & outline notes

5/24 Opening Statement: your "how to" notes (content and delivery technique)

5/24 Opening Statement: your draft opening!

5/25 Direct Examination: how to notes

5/25 Direct Examination questions for _______ (Name of witness) 10+ direct examination questions for any ONE of the witnesses. Sequential; witness tells the story!

5/25 Mock Trial Role Request (yours!)

5/25: Handout: Your mock trial job

5/28: Cross Examination: how to notes

5/28: Cross Examination questions for _________ (Name of witness) 3-5 cross exam questions for one witness, for ONE point.

5/28: Daily Work Chart (Daily documentation of what you did and homework plans)

5/31 or 6/1: Courthouse Tour Reflection (assignment)

5/31 or 6/1: YOUR courthouse Tour Reflection

5/25-6/8: All of your work preparing for the Mock Trial, including drafts, research, etc. This counts as FIVE entries.

6/8: Your FINAL mock trial product

6/11: Mock Trial Reflection (completed in class on Monday)

Page Mock Trial Evaluation & Assessment 27

Evaluation of Mock Trial Unit Name___________________

Did we achieve our goals? Please circle a number for each goal and explain your reason for that rating. 5 is high (I fully achieved this!), 1 is low (what are you talking about?)

1. Goal: To learn and improve basic skills such as reading, speaking, critical thinking, listening and cooperating.

(high) 5 4 3 2 1 (Low) Which of these basic skills did you use?

Why / how did you need them? 2. Goal: To understand and learn more about the legal system, law, society, and themselves.

(high) 5 4 3 2 1 (Low) What did you learn about the legal system, law, our society, and/or yourself? Explain.

3. Goal: To think about important elements in the justice system such as rule of law, burden of

proof, preponderance of evidence, evidence/exhibits, expert testimony, and, in a criminal trial, presumption of innocence.

(high) 5 4 3 2 1 (Low) Which of these elements provided for a fair trial? Were any elements of a fair trial missing? Explain.

4. Goal: To emphasize the values of respect, fairness and cooperation rather than negative and adversarial responses.

(high) 5 4 3 2 1 (Low) How did the class cooperate and respect each other while we were learning about the mock trial?


MOCK TRIAL SELF ASSESSMENT In the mock trial, my job was /jobs were: _______________________________________________ 1. If I had the chance to play my role again, I would….

2. If I had the chance to play my role again, I would NOT….

3. The best thing I did in the mock trial was….(explain)

4. The most difficult part of the mock trial for me was…..(explain)

5. Describe 3 things that you learned during this mock trial unit: a. I learned….

b. I learned….

c. I learned…. 6. If you were to participate in a mock trial again, would you prefer to perform the same role?

Why or why not?


7. Consider your contribution to the mock trial unit – in particular, consider the two-‐week period between _________________ when you received your role and _________________, the day of the trial. Respond truthfully & fully to each question.

Were you prepared for class each day? Explain:

Did you complete ALL the required assignments? Explain: Did you participate in class and team discussions? Give examples: Did you use class time wisely? Explain: Did you gently assist others? Explain: Did you work with and for your team? Explain: Did you put in 100%? 90%? 50%? Consider in-‐class as well as out-‐of-‐class time. Explain:


Were you fully prepared for the mock trial? Explain: Based on everything you’ve just considered, please determine an honest score for yourself, based on your preparation for and performance in the Mock Trial. Because this is a team effort, the weight will fall on preparation, not on performance. -‐ What grade have you earned? (see below) HIGHLIGHT applicable descriptors and explain:

Mock Trial Preparation and Performance 5 4 3 2 Student Teacher

Teamwork, cooperation & attitude: all for the team

Offers leadership, constructive assistance, adaptability, and a helpful vibe; collaborates well; shares understanding as needed; encourages focus; holds positive attitude. (100% effort throughout)

Offers constructive assistance, flexibility, open attitude; shares understanding as needed. (80-90% effort throughout)

Limited assistance, poor attitude, little flexibility. (60-70% effort throughout)

No assistance, detrimental attitude, angry at peers, inflexible and unhelpful. Doesn’t care. (less than 50% effort throughout)

_____/40

______/40

Preparation & focus

Over prepared and always on task; can compensate for others. - Always has all mock trial materials and other team-agreed materials.

- Works on role daily in class and at home.

- Exceptional (100%) effort throughout

Prepared and knows what’s going on; almost always on task (90%). - Has all mock trial

materials, and other team-agreed materials.

- Works on role daily in class and most nights at home.

- Solid (80-90%) effort throughout

Often unprepared; more on task than not; occasionally pulls others off task. - Mock Trial

materials often missing

- Works on role most days in class, but rarely at home

- Some (60-70%) effort

Unprepared; mostly off task; distractions pull others off task; others do your work for you. - Rarely brings

materials - Works on role

haphazardly in class, rarely at home.

- Little effort – less than 50%

_____/40

______/40

Mock Trial performance

My performance in the Mock Trial helped my team succeed.

My performance in the mock trial helped my team.

My performance didn’t help my team, but it also didn’t harm my team.

My performance harmed my team

_____/20

______/20

Preparation for and the actual Mock Trial is 100 point. Total: _______ ______

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