Pretrial and Courtroom Procedures
Course
Principles of
LPSCS
Unit III
Court Roles,
Processes
and
Procedures
Essential
Question
What is
involved in
the pretrial
phase of a
trial? What
are proper
courtroom
procedures?
TEKS
§130.292(c)
(9)(D)
Prior
Student
Learning
None
Estimated
Time
2 hours
Rationale
The student is expected to understand the roles and functions of the court
system. In order to understand that role, the student must be able to identify
the phases of a trial and accurately identify the procedures used in the
courtroom.
Objectives
The student will be able to:
1. Define key terms associated with pretrial and courtroom procedures
2. List the two functions of the court
3. Identify the constitutional rights associated with pretrial and courtroom
procedures
4. Explore the three phases of a criminal trial
5. Discuss the two options for pretrial proceedings
6. Differentiate between the three pleas that can be entered during the
pretrial phase
7. Explain pretrial and courtroom procedures
8. Demonstrate one or more of the steps in the trial phase
9. Define each of the three verdicts available during the trial phase
10. Identify the three criminal defenses available to a defendant
11. Discuss sentencing options available to the court
12. Explore the differences in the juvenile court system
Engage
Engage the class in a discussion about why knowing proper courtroom
procedure is important in the pretrial and courtroom process. Use the
following questions for the discussion and the Discussion Rubric for
assessment:
 What procedures need to be followed?
 Has anyone ever been in court?
 What was the experience like?
 What might be a consequence of not following proper courtroom
procedures?
Key Points
I. Key Terms
A. Plea bargain – a deal made between the prosecutor and the
defense that allows the accused to receive “concessions” for a plea
of guilt
B. Pretrial Release – a decision to release the defendant is made by
the judge and is based on two factors:
1. Threat to society
2. Rights of the accused
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C. Information – a formal document charging an individual with a crime
that is issued by a judge in a preliminary hearing
D. Indictment – a formal document issued by a grand jury, that charges
an individual with a crime
E. Motion – an application to the court for a ruling
F. Motion to Dismiss – an application to the court to “throw out” the
evidence that does not meet the standard
G. Motion to Suppress – a petition to the court to “throw out” evidence
that is damaging to the case
H. Bail – a financial deposit made with a bondsman to ensure that the
defendant will appear in court if released during the pretrial phase
I. Aggravating Circumstances – circumstances presented at the
sentencing hearing that have the potential to increase the
punishment a person receives for the crime
J. Mitigating Circumstances – circumstances presented at the
sentencing hearing that have the potential to decrease the
punishment a person receives for the crime
K. Voir Dire – to “say the truth”
L. Adjudication Hearing – the trial phase at a juvenile trial
M. Arraignment – pretrial proceedings for juveniles
N. Objection – means the defense disagrees with the prosecution or
vice versa
II. Functions of the Court
A. First and foremost, the court is responsible for providing protection
for the public
B. It’s secondary role is to maintain the confidence of the public
III. Constitutional Rights
A. 5th amendment
1. Protects against double jeopardy and self-incrimination,
protects the right to grand jury, and requires due process
a) Right to Grand Jury
(1) A panel of 12 citizens who will hear evidence from
the case and will determine if enough probable
cause (a crime has occurred and the suspect is
linked to it) exists to take the case to trial
(2) If enough probable cause does not exist, the case
will be “no billed,” which means it will not go any
further
b) Double Jeopardy
(1) A person cannot be tried for the same crime twice,
except under special circumstances
(2) Example: During the OJ Simpson murder trial, OJ
was found not guilty of the two murder charges. Later
he wrote a book called “If I Did It” which clearly
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implicates him in the crime. Even if he came out and
said, “I did it,” prosecutors cannot charge him with
that crime again
c) Self-Incrimination
(1) This means that you do not have to testify at your
trial, especially if your testimony would be damaging
to your case
(2) The fact that you did not testify cannot be held
against you when reaching a verdict
(3) You also cannot be forced to testify against a spouse
d) Due Process – the system must be followed. You cannot
be convicted if you never went to court to face charges;
there is a sequence of events that must occur. This is to
ensure that everyone is treated fairly
th
B. 6 amendment
1. Speedy and public trial
2. Impartial jury
3. Informed of the nature and the cause of the accusation
4. Confrontation of witnesses
5. Compulsory process of the witness
a) The right to secure your own witnesses
b) If the prosecution presents a forensic expert to testify
regarding the autopsy, you are allowed to bring in your
own expert for the same purpose
6. Right to an attorney – an attorney will be appointed to
represent you if you cannot afford one; you get whoever they
give you
th
C. 8 amendment
1. Bail
a) A financial deposit to ensure you will appear for your court
date
b) Paid to a bail bondsman, generally 20 percent to process
the release
c) Can be paid in money, titles, property or anything else
agreed upon by the bondsman
d) If the accused fails to appear for court
(1) The bondsman is out the full bail amount
(2) The bondsman will then send a bounty hunter to find
and take the accused before the court so that he can
get some of his money back
2. Excessive fines
3. Cruel and unusual punishment
IV. Phases of a trial
A. Pretrial phase
1. The judge determines if the defendant will be allowed bail or
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pretrial release
2. Pretrial release is the threat to society versus the rights of the
accused
3. The preliminary hearing or grand jury convenes to determine if
probable cause exists in order to go to trial
4. An Information or an Indictment is issued
5. The defendant enters a plea
B. Trial phase
1. The jury is selected
2. The evidence is presented by both the prosecution and the
defense
3. A verdict is reached
C. Sentencing phase
1. The judge or the jury determines what sentence is appropriate
based on the sentencing guidelines
2. The judge has some discretion in sentencing
3. The jury is given a sentence range to decide the actual
sentence of the defendant
V. Pretrial Proceedings
A. Preliminary Hearing
1. Open proceedings used to establish probable cause
2. The information presented can be challenged
3. If probable cause exists then an Information is issued
4. Information – the formal document charging an individual with a
crime
B. Grand Jury
1. Closed proceedings used to establish probable cause
2. Proceedings are used in Texas
3. The evidence presented cannot be challenged
4. If probable cause is found, then an Indictment is issued
5. Indictment – the formal document charging an individual with a
crime
VI. Pleas
A. Guilty
1. This is an admission of some level of responsibility for the
crime
2. A guilty plea stops the process and moves it to the sentencing
phase
3. The goal of a trial is to establish guilt or innocence; if the
defendant admits guilt, there is no reason to proceed with the
trial phase
B. Not Guilty
1. This plea can be entered by a defendant that has not
committed a crime, or
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2. By a defendant that is trying to fight the charges
C. Nolo contendo
1. There is a big misconception about pleading “No Contest”
2. Nolo contendo is a plea of guilt
3. The only difference between a plea of nolo contendo and a
plea of guilty is that the judge is responsible for the sentencing
at the sentencing phase of the trial
VII. Pretrial and Courtroom Procedures
A. Jury Selection
1. The trial phase begins with the jury selection; without a jury, the
trial cannot begin
2. In order to select a jury, the attorneys use a process called
“voir dire”
a) Voir dire means to “say the truth”
b) This is the process by which the attorneys question the
jurors to ensure that the accused gets the most impartial
jurors
B. Courtroom Procedures
1. Opening statements
a) Both the prosecutor and the defense make opening
statements to the court
b) The opening statements allow the evidence to be
presented to the court
c) They are also used to “educate the jury”
2. Direct examination
a) The prosecution calls all of its witnesses to provide
evidence
b) The testimony should utilize the witness’ senses and
knowledge
3. Cross examination
a) The defense has an opportunity to question the
prosecution’s witnesses
b) The process then reverses
4. Rebuttal – the prosecution is allowed to present witnesses to
refute the testimony presented by the defense’s witnesses
during the defense’s direct examination
5. Closing arguments
a) Both the prosecution and the defense give their closing
arguments
b) This is an opportunity for both sides to argue the facts of
the case
6. The judge instructs the jury on the law
7. The jury is dismissed to deliberate
8. The verdict is announced
C. Courtroom etiquette
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1. Stand when addressing the court or judge
2. Before you begin with any statements, say, “May it please the
court”
3. Always stand when making an objection
a) Objection – means the defense disagrees with the
prosecution or vice versa
b) There must be a legal reason for objecting to the evidence
or statement
c) The judge will rule on the objection and answer one of two
ways
(1) Sustained
(i) The person on the stand may not answer the
question
(ii) The attorney must ask a different question
(2) Overruled
(i) The person on the stand may go ahead and
answer the question
(ii) The judge is going to allow the testimony
4. Do not use foul language unless quoting someone
5. Follow all of the instructions given by the court
VIII.Verdicts
A. Guilty – the jury has determined that evidence exists beyond a
reasonable doubt that the accused has committed the crime
B. Not Guilty – the jury has determined that the prosecution did not
prove beyond a reasonable doubt that the accused committed the
crime
C. Mistrial (hung jury)
1. No matter how many times the judge sends the jury back to
deliberate, they cannot reach a unanimous decision on the
verdict
2. The process starts over with a new trail at a later date
IX. Criminal Defenses
A. Alibi – the accused claims that he or she did not commit the crime
B. Self Defense – the accused committed the crime, but his or her
actions were justified
C. Insanity – the accused committed the crime, but cannot be held
responsible
X. Sentencing Phase
A. If the defendant is found guilty of a misdemeanor, the judge
determines the sentence given
B. If the defendant is found guilty of a felony charge, the trial then
proceeds to the sentencing phase
C. Mitigating Circumstances – the circumstances presented at the
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sentencing that have the potential to decrease the punishment a
person receives for the crime
D. Aggravating circumstances – the circumstances presented at the
sentencing that have the potential to increase the punishment a
person receives for a crime
XI. Sentencing Options
A. Probation
B. Prison
C. Death
D. Fines and/or restitution
E. Letter of apology
F. Community service
XII. Juvenile Procedures
A. Juveniles are not eligible for bail
B. Juveniles are released or detained based on the seriousness of their
crime and their threat to society
C. Arraignments – pretrial proceedings for juveniles
D. Adjudication hearing – the trial phase for juveniles
1. Informal, but closed
2. Similar to the trial phase in the adult system, except there are
no opening and closing statements
3. The judge decides guilt or innocence
Activities
Mock Trial. Have students participate in a mock trial. Many different types
and levels of trials are available online. The scripted trials are especially
helpful to students who have not been exposed to trials before. For short
trials that have a great impact on students, use the ones based on nursery
rhymes such as Goldilocks and the Three Bears, or Jack and the Beanstalk.
Here is a link to a site with mock trials:
http://www.19thcircuitcourt.state.il.us/services/Pages/mock_trials.aspx
Use The Order of Events in a Mock Trial Handout for the activity. If the mock
trial you select does not include an assessment, the following rubrics maybe
used: Mock Trials: Attorneys Rubric, Mock Trials: Jury Rubric, and Mock
Trials: Witness Rubric.
Assessments
Pretrial and Courtroom Procedures Exam and Key
Pretrial and Courtroom Procedures Key Terms Quiz and Key
Mock Trials: Attorneys Rubric
Mock Trials: Jury Rubric
Mock Trials: Witness Rubric
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Discussion Rubric
Individual Work Rubric
Materials
Pretrial and Courtroom Procedures computer-based presentation
The Order of Events in a Mock Trial Handout
Pretrial and Courtroom Procedures Key Terms Handout
Copies of the mock trial scripts and case material
Computer with Internet access
Resources
Dallas Bar Association, High School Mock Trial
http://www.dallasbar.org/mocktrial
Furris, Nicholas, director. Order in the Court Video. Cambridge Educational
Production, 2001.
http://www.19thcircuitcourt.state.il.us/services/Pages/mock_trials.aspx
http://www.crfc.org/resource-center/american-jury
Accommodations for Learning Differences
For reinforcement, students should review some movie clips on proper
courtroom procedures. A Few Good Men (courtroom scenes), My Cousin
Vinny (courtroom scenes only), and Twelve Angry Men are all excellent
examples that allow students to view courtroom procedures in action. Then
have students compare and contrast proper courtroom procedure with
improper procedure. Use the Individual Work Rubric for assessment.
For enrichment, students should prepare a more advanced mock trial from
start to finish using People v. Carter, located at http://www.crfc.org/resourcecenter/american-jury. Students will split into teams, divide the roles according
to the number of students, write the mock trial, and present it in class. Use
the Individual Work Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.292. Principles of Law, Public Safety, Corrections, and Security (OneHalf to One Credit).
(9)
The student identifies the roles and functions of court systems.
The student is expected to:
(D) explain pretrial and courtroom procedures;
College and Career Readiness Standards
Cross Disciplinary Standards
I. Key Cognitive Skills
B. Reasoning
1. Consider arguments and conclusions of self and others.
2. Construct well-reasoned arguments to explain phenomena,
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validate conjectures, or support positions.
3. Gather evidence to support arguments, findings, or lines of
reasoning.
4. Support or modify claims based on the results of an inquiry.
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Pretrial and Courtroom Procedures Key Terms
Adjudication hearing – the trial phase at a juvenile trial
Aggravating circumstances – circumstances presented at the sentencing hearing that
have the potential to increase the punishment a person receives for the crime
Arraignment – pretrial proceedings for juveniles
Bail – a financial deposit made with a bondsman to ensure that the defendant will appear
in court if released during pretrial phase
Indictment – a formal document issued by a grand jury, that charges an individual with a
crime
Information – a formal document issued by a judge in a preliminary hearing, that charges
an individual with a crime
Mitigating Circumstances – circumstances presented at the sentencing hearing that have
the potential to decrease the punishment a person receives for the crime
Motion – an application to the court for a ruling
Motion to Dismiss – an application to the court to “throw out” the evidence that does not
meet the standard
Motion to Suppress – a petition to the court to “throw out” evidence that is damaging to
the case
Objection – means the defense disagrees with the prosecution or vice versa
Plea bargain – a deal made between the prosecutor and the defense that allows the
accused to receive “concessions” for a plea of guilt
Pretrial Release – a decision to release the defendant is made by the judge and is based
on two factors: the rights of the accused and his or her threat to society
Voir Dire – to “say the truth”
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Name________________________________ Date__________________________
Pretrial and Courtroom Procedures Key Terms Quiz
Directions: Write the correct term under its definition. You may use the word bank on the last
page to assist you. You will not use all of the words, and no words are used more than once.
1. A closed proceeding used to establish probable cause; this procedure is used to
determine probable cause in Texas
2. A formal document issued by a judge in a preliminary hearing that charges an individual
with a crime
3. A decision to release the defendant that is made by the judge
4. An open proceeding used to establish probable cause; evidence can be challenged
5. A formal document issued by a grand jury that charges an individual with a crime
6. A financial deposit made with a bondsman to ensure that the defendant will appear in
court if released during the pretrial phase
7. The pretrial proceedings for juveniles
8. A deal made between the prosecutor and the defense that allows the accused to receive
“concessions” for a plea of guilt
9. An application to the court for a ruling
10. An application to the court to “throw out” evidence that does not meet the standard
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11. Means to “say the truth”
12. It is also used to “educate the jury”
13. The prosecution calls all of its witnesses to provide evidence
14. The defense has an opportunity to question the prosecution’s witnesses
15. The accused claims that he or she did not commit the crime
16. The accused committed the crime, but his or her actions were justified
17. The accused committed the offense, but cannot be held responsible
18. The prosecution is allowed to present witnesses to refute testimony presented by the
defense witnesses during the defense direct examination
19. This is an opportunity for both sides to argue the facts of the case
20. The trial phase at a juvenile trial
21. The circumstances presented at the sentencing hearing that have the potential to
decrease the punishment a person receives for the crime
22. The circumstances presented at the sentencing hearing that have potential to increase
the punishment a person receives for the crime
23. A petition to the court to “throw out” evidence that is damaging to the case
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Word Bank
Misdemeanor
Motion
Aggravating circumstances
Motion to dismiss
Information
Alibi
Court reporter
Mitigating circumstances
Self defense
Not Guilty
Arraignment
Insanity
Bail
Preliminary hearing
Parole
Adjudication hearing
Pretrial release
Motion to suppress
Voir dire
Indictment
Plea bargain
Rebuttal
Cross-examination
Closing arguments
Opening statement
Bail bond
Grand jury
Direct examination
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Pretrial and Courtroom Procedures Key Terms Quiz Key
1. Grand jury
2. Information
3. Pretrial release
4. Preliminary hearing
5. Indictment
6. Bail
7. Arraignment
8. Plea bargain
9. Motion
10. Motion to dismiss
11. Voir dire
12. Opening statement
13. Direct examination
14. Cross-examination
15. Not guilty
16. Self-defense
17. Insanity
18. Rebuttal
19. Closing arguments
20. Adjudication hearing
21. Mitigating circumstances
22. Aggravating circumstances
23. Motion to suppress
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Name________________________________ Date__________________________
Pretrial and Courtroom Procedures Exam
1. _____ The 5th amendment protects against double jeopardy and self-incrimination, and
guarantees the due process of rights. Which other constitutional right is covered
under the 5th amendment?
A. Right to an attorney
B. Right to a Grand Jury
C. Right to know the nature of the accusation
D. Right to a trial by jury
2. _____ Which of the following is not one of the three phases of a trial?
A. Sentencing
B. Pretrial
C. Trial
D. Arraignment
3. _____ A ___________ ______________ has closed proceedings used to establish
probable cause. This procedure is used to determine probable cause in Texas.
A. grand jury
B. preliminary hearing
C. adjudication hearing
D. pretrial phase
4. _____ A _____________ is a formal charging document that is issued by a Grand Jury
charging that there is enough probable cause to take the matter to trial.
A. Information
B. Warrant
C. Indictment
D. Bail
5. _____ The decision to release a defendant is made by the judge. The release of a
defendant prior to trial is called ___________ ______________.
A. Pretrial phase
B. Deferred adjudication
C. Posting bail
D. Pretrial release
6. _____ The decision to release a defendant on bail is weighed on two factors. One factor is
the threat the defendant poses to society. The other factor is what?
A. The rights of the accused
B. The seriousness of the crime
C. The level of offense
D. The defendant can post bail
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7. _____ Pretrial proceedings that are open and used to establish probable cause are called
what? (Hint: evidence can be challenged during these sessions)
A. Pretrial phase
B. Adjudication hearing
C. Preliminary hearing
D. Grand jury
8. _____ Formal charging document that is issued from a preliminary hearing is called what?
A. Indictment
B. Information
C. Warrant
D. Bail
9. _____ ___________ is a financial deposit made with a bondsman to ensure that the
defendant will appear in court if released during the pretrial phase.
A. Bail
B. Bond
C. Restitution
D. Fines
10. _____ Which of the following is not one of the pleas that can be entered at the pretrial
phase?
A. Nolo contende
B. Guilty
C. Insanity
D. Not guilty
11. _____ A deal made between the prosecutor and the defense attorney that allows the
accused to receive “concessions” for a plea of guilt is called _____________
__________.
A. Deferred adjudication
B. Plea bargain
C. No contest
D. Insanity plea
12. _____ The 6th amendment constitutional guarantees include all of the following except
A. The right to an attorney.
B. The right to a public and speedy trial.
C. The right to a jury.
D. The right to bail.
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13. _____ The 8th amendment says that fines shall not be excessive and that a person may not
be subject to cruel and unusual punishment. It also includes another right in the trial
process. Which of the following is it?
A. Right to confront witnesses
B. Right to be considered for bail
C. Right to produce your own witnesses
D. Right to compensation for property taken by government
14. _____ A financial deposit made to ensure that the defendant will return for his court date is
called ___________________.
A. Bond
B. Fines
C. Bail
D. Restitution
15. _____ An application made to the court for a specific ruling is called a ______________.
A. Motion
B. Affidavit
C. Warrant
D. Objections
16. _____ An application to the court to “throw out” evidence that does not meet the standard
is called what?
A. Motion
B. Motion to Suppress
C. Motion to Dismiss
D. Objection
17. _____ An application to the court to “throw out” evidence that is damaging to the case is
called what?
A. Motion to Dismiss
B. Objection
C. Motion
D. Motion to Suppress
18. _____ The trial phase begins with what?
A. Opening statement from the prosecution
B. Jury selection
C. Opening statement from the defense
D. Voir dire
19. _____ What is the level of proof in a criminal trial?
A. Beyond a reasonable doubt
B. Preponderance of evidence
C. Prima facia
D. Reasonable suspicion
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20. _____ Which side has the burden of proof in a criminal trial?
A. Prosecution
B. Defense
21. _____ Voir dire means what?
A. Select a jury
B. To say the truth
C. To answer questions
D. Be an expert
22. _____ The first step is to select a jury. Then the trial begins with what?
A. Opening statements from the defense
B. Cross-examination
C. Opening statements from the prosecution
D. Direct examination
23. _____ Select the correct order of events in a trial.
A. Opening statement, jury selection, cross-examination, direct examination
B. Opening statements, direct examination, cross-examination, jury selection
C. Jury selection, opening statements, cross-examination, direct examination
D. Jury selection, opening statements, direct examination, cross examination
24. _____ Prosecution is allowed to present witnesses to refute testimony presented by the
defense witnesses during direct examination. This process is called what?
A. Voir dire
B. Rebuttal
C. Cross examination
D. Direct examination
25. _____ Which of the following is not a verdict that can be returned by the jury?
A. Guilty
B. Not guilty
C. Hung jury (mistrial)
D. Nolo contende
26. _____ If the defendant is found guilty on a misdemeanor charge during the trial phase, who
determines the punishment during the sentencing phase?
A. Jury
B. Judge
C. Court clerk
D. Attorney
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27. _____ ________________ circumstances are presented at the sentencing hearing and
have the potential to decrease the punishment a person receives for the crime.
A. Aggravating
B. Mitigating
28. _____ ______________ circumstances are presented and have the potential to increase
the punishment a person receives for the crime.
A. Aggravating
B. Mitigating
29. _____ Which defense to the prosecution claims that the defendant did not commit the
crime?
A. Self-defense
B. Insanity
C. Alibi
D. Sleepwalking
30. _____ Which defense to the prosecution claims the defendant cannot be held liable for his
or her actions?
A. Self-defense
B. Insanity
C. Alibi
D. Twin law
31. _____ Which defense to the prosecution claims that the defendant committed the crime but
was justified in doing so?
A. Self-defense
B. Insanity
C. Alibi
D. Temporary insanity
32. _____ Juveniles are eligible for bail.
A. True
B. False
33. _____ Pretrial proceedings for juveniles are called what?
A. Adjudication hearing
B. Preliminary hearing
C. Arraignment
D. Grand jury
34. _____ The trial phase of a juvenile trial is called what?
A. Adjudication hearing
B. Arraignment
C. Preliminary hearing
D. Grand jury
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Pretrial and Courtroom Procedures Exam Key
1. B
2. D
3. A
4. C
5. D
6. A
7. C
8. B
9. A
10. C
11. B
12. D
13. B
14. C
15. A
16. C
17. D
18. B
19. A
20. A
21. B
22. C
23. D
24. B
25. D
26. B
27. B
28. A
29. C
30. B
31. A
32. B
33. C
34. A
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The Order of Events in a Mock Trial Handout
1.
2.
3.
4.
5.
The court is called to order.
The attorneys present physical evidence for inspection.
The judge states the charges against the defendant.
The prosecution delivers its opening statement.
The defense may choose to deliver its opening statement at this point or wait to open after
the prosecution has delivered its case.
6. The prosecution calls its witnesses and conducts a direct examination.
7. After each prosecution witness is called up and has been examined by the prosecution, the
defense may cross-examine the witness.
8. The defense may deliver its opening statement.
9. The defense calls its witnesses and conducts a direct examination.
10. After each defense witness is called up and has been examined by the defense, the
prosecution may cross-examine the witness.
11. The prosecution gives its closing statement.
12. The defense gives its closing statement.
13. The jury deliberates and reaches a verdict.
14. The defendant is sentenced or released.
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Name_____________________________________Date_____________________________
Mock Trials: Attorneys Rubric
Objectives
Speaks Clearly
Professional
Attire
Preparedness
Posture and
Eye Contact
Enthusiasm
4 pts.
Excellent
3 pts.
Good
2 pts. Needs
Some
Improvement
1 pt. Needs
Much
Improvement
Speaks clearly and
distinctly all (95 100%) the time
without
mispronouncing any
words.
Business attire, very
professional look
Speaks clearly and
distinctly all (95 100%) the time, but
mispronounces one
word.
Speaks clearly and
distinctly most of (85 94%) the time and
mispronounces no more
than one word.
Often mumbles or
cannot be
understood or
mispronounces
more than one word.
Casual business
attire
Student is completely
prepared and has
obviously rehearsed
Student seems
pretty prepared but
might have needed
a couple more
rehearsals
Stands up straight
and establishes eye
contact with
everyone in the
room during the
presentation
Casual business attire,
but wore sneakers or
seemed somewhat
wrinkled
Student is somewhat
prepared, but it is clear
that rehearsal was
lacking.
General attire not
appropriate for the
audience (i.e. jeans,
t-shirt, shorts)
Student does not
seem at all prepared
to present
Sometimes stands up
straight and establishes
eye contact
Slouches and/or
does not look at the
audience during the
presentation
Facial expressions and
body language are used
to try to generate
enthusiasm, but seem
somewhat insincere
Very little use of
facial expressions or
body language and
did not generate
much interest in the
topic being
presented
Stands up straight,
looks relaxed and
confident, and
establishes eye
contact with everyone
in the room during the
presentation
Facial expressions
and body language
generate a strong
interest and
enthusiasm about the
topic in others
Facial expressions
and body language
sometimes generate
a strong interest and
enthusiasm about
the topic in others
Pts.
Total Points (20 pts.)
Comments:
22
Copyright © Texas Education Agency, 2012. All rights reserved.
Name_____________________________________Date_____________________________
Mock Trials: Jury Rubric
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
Listen to
Evidence
Carefully
Student obtained the elements
of the charge from the
testimony and obtained all the
needed facts for the decision.
Student obtained some of the
elements of the charge from the
testimony and obtained some of
the facts needed for the decision.
Modeled
Listening
Behavior
Interpreted the
Facts of the
Case
Formed a Valid
Opinion
Student sat quietly and still.
Student did not talk to the
other jurors, laugh out loud, or
make disturbing comments.
Student was able to listen to
the testimony and relate it to
the elements of the case.
Student sat still but had problems
with one of these: talking,
laughing, or commenting.
Student did not obtain the
elements of the charge from
the testimony and did not
obtain the facts needed for
the decision.
Student did not sit still and
was talking, laughing, and/or
commenting.
Student was able to listen to the
testimony and understand most
of the elements of the case.
Student was unable to relate
the facts of the case from the
testimony given.
Student listened to the facts
and was able to develop a
decision in the case.
Student voiced his or her
opinion and was able to justify
it with the facts from the case.
Student listened to the facts but
had difficulty developing a
decision in the case.
Student voiced his or her opinion
but had no facts to back up that
opinion.
Student was unable to take
the facts presented and make
a valid decision in the case.
Student was unable to voice
an opinion or a decision in the
case.
Student was able to remain
cool when confronted with a
conflicting opinion.
Student was somewhat cool
when confronted by a conflicting
opinion.
Student lost his or her cool
when confronted with a
conflicting opinion.
Articulated an
Argument
During
Deliberation
Maintained
Composure
During
Deliberation
Pts.
Total Points (18 pts.)
Comments:
23
Copyright © Texas Education Agency, 2012. All rights reserved.
Name_____________________________________Date_____________________________
Mock Trials: Witness Rubric
Objectives
Believability
Preparedness
Attire
Accuracy
Eye Contact
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
Student’s acting was very
believable and proper
emotions were displayed
throughout
Student acting was somewhat
believable, but it needed more
emotion or character to be
effective
Student was very prepared for
the testimony and presented
the materials easily to the jury.
Student obviously knew his or
her statement
Student was dressed
professionally and
appropriately for the part of the
witness
Student was 100% accurate
while providing facts contained
in his or her witness statement
Student was somewhat prepared
for the testimony, but struggled
with answering the questions
correctly
Student’s acting lacked
believability and had an
inappropriate or lack of
emotions. The character was
damaging
Student was not prepared for
the testimony and could not
answer the questions about
the witness statement
Student made eye contact with
the attorney when questioned
and with the jury when
answering
Student made eye contact with
the attorney when questioned but
did not look at the jury when
answering
Student was dressed for the part
somewhat, but wore business
casual attire instead of
professional attire
Student was 50-75% accurate
while providing facts contained in
his or her witness statement
Pts.
Student did not dress the
part; he or she wore
inappropriate attire for a court
appearance.
Student was less than 50%
accurate while providing facts
in his or her witness
statement
Student did not make eye
contact during questioning or
answering
Total Points (15 pts.)
Comments:
24
Copyright © Texas Education Agency, 2012. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
25
Copyright © Texas Education Agency, 2012. All rights reserved.
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
26
Copyright © Texas Education Agency, 2012. All rights reserved.