Classroom Law Project
Mock Trial Workshop
June 19-20, 2014
Table of Contents
Vocabulary for State v. Durden, including strategies ......................................................... 3
Sample: Lee Cavanaugh v. Cup of Joe, Inc., Medical Terminology .................................. 4
Legal Terms Dictionary for Perez v. Dempsey, et at .......................................................... 5
Learn the Story through Witness Statements – strategies ................................................... 7
Witness Statements assignment .......................................................................................... 9
Opening Statement Brainstorm – lesson plan ................................................................... 11
Opening Statement Brainstorm – student handouts .......................................................... 13
Opening Statement Template ............................................................................................ 15
Closing Argument Template ............................................................................................. 16
Direct Examination Practice.............................................................................................. 17
Cross Examination Practice .............................................................................................. 19
Application for Mock Trial Roles (8 per team; 16 students per trial) ............................... 21
Mock Trial Role assignments template (11+ per team; up to 35 students total)............... 23
Jury Instructions – Verdict Sheet for Perez v. Dempsey et al. .......................................... 24
Mock Trial One Week To-Do List .................................................................................... 25
Mock Trial Evaluation Criteria (overview) ....................................................................... 27
Mock Trial Scoring Guide: witnesses and attorneys......................................................... 28
Mock Trial Scoring Guide: Opening and Closing ............................................................ 29
Evaluation of Mock Trial Unit .......................................................................................... 31
Preparation and Performance Scoring Guide .................................................................... 34
Mock Trial Notebook Assignment .................................................................................... 35
Handouts from
Dawna Bell, Athey Creek Middle School, West Linn-Wilsonville School District.
belld@wlwv.k12.or.us
Karen Rouse, West Sylvan Middle School, Portland Public Schools.
krouse@pps.net
1
2
Vocabulary for State v. Durden
Forensic pathology
Anthropology
Initiation
Philanthropy
Pledge master
GPA
Fixated
Highest caliber
General liability release
Rigorous
Optional
Overzealous
Negative consequences
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
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. Assign words to pairs. Pairs create word posters that include the word, the definition,
and a “creative application” – visual representation (drawing, collage), analogy, or
poem.
6. Post words. Ask students to identify whether the words are important for P or D or
both.
3
ee avanaugh v u of oe nc
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.
efinition in your own words!
EMT
ebridement
Procedure
V ntravenous!
S'in (raft
)econstructive
Surgery
ebilitating
4
Symbol
Legal Terms Dictionary
Mia Perez, a minor, by and through her parent Casey Perez,
v. Shannon Dempsey, Jordan Reddick, and Rubicon soccer Club, Inc.
Assigned: Wednesday, May 7, 2014
DUE:
Thursday, June 5, 2014
In order to better understand the legal process and this mock trial, you will put together a
notebook of legal definitions. There are 26 terms. Keep the words in the same order as below;
place one to four terms on each page. Conserve paper.
For each term, include:
• The word
• The definition of the word in your own words
• How the word is used in our trial (if the term cannot be used in our trial, explain why the
term does not relate to our case.)
• A sentence that uses the word correctly. Whenever possible, the sentence should relate to
Mia Perez … v. Shannon Dempsey et al.
• A correct parenthetical citation.
For 10 terms, include one of the following:
• an illustration depicting the word (in color, carefully drawn by hand or computer generated.
You must create the image) OR
• a four-line rhyming poem depicting the word OR
• a collage using words and/or pictures to depict the word
The final booklet must:
• be visually appealing
• be in ink, colored pencil or typed
• be free of conventions errors
• be carefully bound
• include a cover sheet with your name, the
date, and the title of the project, and
• conclude with a correctly formatted Works
Cited / Bibliography page.
Legal Terms:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Civil case
Criminal case
Plaintiff
Defense / Defendant
Tort
Negligence
Duty
Breach of Duty
Causation
Comparative negligence
Burden of proof
12. Beyond a reasonable
doubt (criminal trial)
13. Presumption of
innocence (criminal trial)
14. Preponderance of
evidence (Civil Trial)
15. Opening statement
16. Closing argument
17. Direct examination
18. Cross examination
19. Evidence (include difference
between direct and
circumstantial)
20. Affidavit / Witness statement
21. Testify / testimony
22. Expert witness
23. Physical Evidence
24. Exhibit(s)
25. Credibility / believability
26. Irrelevant / Relevant
Resources:
Mock Trial Booklet
Nolo’s Plain English Law Dictionary: http://www.nolo.com/dictionary
Duhaime’s Law Dictionary: http://www.duhaime.org/diction.htm
5
Legal Terms Dictionary Scoring Guide
Criteria
26 terms
• Definitions in own
words
• Explanations of how
terms relate to trial
• Correctly used in a
sentence
• Quality
• Accuracy
Creative
Application
• For 10 terms
• Creativity
• Quality/effort
• Appropriate
Required Elements
• Correct parenthetical
citations throughout
• Correct bibliography
• Cover sheet includes
name, date, title of
project
1-4
terms per page
•
Quality of overall
presentation
• ink, colored pencil, or
typed
• carefully bound
• artistic cover and
illustrations
Conventions
• spelling,
• grammar,
• punctuation,
• capitalization
• usage
Teacher
____/30
____/30
____/30
____/30
____/10
____/10
____/15
____/15
____/10
____/10
____/5
____/5
One point for each complete term (+4 to make it 30)
term, definition,
explanation relating to
trial, parenthetical
citation
Term Definitions &
Explanations
Student
Exemplary (5)
Thorough &
accurate
• definitions
• explanations of
how terms relate
(or don’t) to trial
• used in a
sentence
all in own words
Proficient (4)
Complete &
accurate
• definitions
• explanations
• used in a
sentence
all in own words
Developing (3)
Most (20+)
complete and/or
accurate;
• definitions
• explanations
• used in a
sentence
all in own words
Beginning (2)
Exceptional
application is
appropriate and
thoughtfully
rendered for ten or
more terms;
enhances meaning;
creative.
All required
elements completed
thoroughly
Application is
appropriate and
thoughtfully
rendered for ten or
more terms;
enhances
meaning; almost
all creative.
All but one
required element
included in
notebook (eg
missing one
parenthetical
citation OR
missing date)
The notebook is
neat, looks good,
and is organized
logically
Application is
complete and/or
appropriate for at
least seven terms
OR many
applications lack
creativity.
Application
incomplete or
inappropriate for
five or more terms
OR most
applications lack
creativity.
All but 2-6
required elements
included (e.g.,
missing
parenthetical
citations for three
entries)
Seven or more
required elements
missing from
notebook
The notebook is a
bit messy but still
readable. Not
much care taken
with drawings or
written work.
The notebook is
messy and
distracting to the
reader. Little
evidence of care
taken with drawings
or written work.
Many grammatical,
spelling, or
punctuation errors.
The notebook is
exceptionally neat,
artistically pleasing,
and brilliantly
organized.
No grammatical,
spelling or
punctuation errors.
Almost no
grammatical,
spelling or
punctuation errors.
A few
grammatical
spelling, or
punctuation
errors.
10 or more incomplete
or inaccurate; some
plagiarized.
0: most not in own
words (plagiarized)
Total out of 100
6
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
7
8
First & Last Name
Date
Assignment Name
Witness Statements
Mia Perez, by and through Casey Perez,
v.
Shannon Dempsey, Jordan Reddick, & Rubicon Soccer Club, Inc.
For each witness statement, follow these steps:
– Write a header in the upper-right corner
– Title the page “Witness Name (P or D)”
1) Write a reflection about the witness.
2) Create a witness statement fact t-chart (explaining how each fact is useful for either
the plaintiff, the defense, or both). Include page and line numbers for each.
3) Create a time line for the witness.
4) Develop at least five questions for the witness (either direct or cross).
5) List all exhibits that relate to the witness. Explain how helpful/hurtful and why.
Casey Perez (P)
Example:
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 two substantial
paragraphs.
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
Plaintiff
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. (p. 12 L.6)
9
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. (p. 12 L.22)
3. Time Line
Include all important events, including their date(s) and time(s).
TK
2012
Mia gets drivers
license on 16th bday
Dec 2, 2012
Mia’s head
injury (16 yrs)
Aug 23 2013
-affidavit given
2009
Mia “makes it” to
Rubicon (13 yrs)
4. Questions – These should be thoughtful questions that draw out desired testimony and help
expand the witness’s testimony. Come up with at least five questions for each witness, either
direct (from the witness’s own attorney) or cross (from the opposing attorney) or a combination.
5. Exhibits -- List all exhibits that apply to this witness. Identify whether the exhibit helps the
Plaintiff's case, the Defendant's case, or both. Explain why this exhibit applies to the witness.
Exhibit # Plaintiff, Defense,
or Both
How does this exhibit apply?
Note: I will do exhibits differently next time. Instead of
having students complete a list of relevant exhibits for
each witness, I will create a chart of exhibits, and have
students match relevant witnesses to each exhibit.
Exhibits:
1.
Acute Concussion Evaluation (ACE) Physician/Clinician (p. 43-44)
2.
Acute Concussion Evaluation (ACE) Care Plan (p. 45-46)
3.
CDC Facts about concussions and Brain Injury (p. 47)
4.
Sport’s Concussion Fact Sheet, SB 721, Jenna’s Law (p. 48-49)
5.
Rubicon Soccer Club Medical Consent/Waiver of Liability and Release (p. 50)
6.
CDC High School Coaches’ “ Heads Up” Clipboard Sticker (p. 51)
7.
CDC High School Athlete’s Signs and Symptoms Poster (p. 52)
8.
USYS Concussion Procedure and Protocol (p.53-54)
9.
USYS Possible Concussion Notification (p. 55-56)
10. Curriculum Vitae of Dr. Bevin Register (p. 57)
10
Lesson Plan: Opening Statement Brainstorming
For Perez vs. Dempsey
Prior to this lesson: should have read, as a class, Civil Complaint, Answer to Civil Complaint,
and all witness statements; should have reviewed / learned “Steps in a Jury Trial.”
Warm up: Who said what? (1/4-1/3 with white boards)
Define: Opening Statement – what is it? -page 60 – read through. Expository, not persuasive.
Watch: Mock Trial University: “Opening Statement | How to Deliver an Opening Statement” available
on Youtube (5:37).
Number off 1-6. Odd numbers for plaintiff; even numbers for defense.
1) Before getting into groups,
1. Class will review four elements of the tort of negligence (p. 59)
2. Individuals will silently skim the Civil Complaint and Answer to Civil Complaint (pg.49) – but from the perspective of plaintiff or defense. As they read, students should
underline or highlight information that should be in their opening statement.
2) Get into the six groups. One scribe per group. (odd = plaintiff; even = defense)
• what from the complaint and/or answer must be in the opening?
Story for the Plaintiff
• What story needs to be told for the jury to understand this case from the plaintiff’s point
of view?
• What does the jury need to know to find that Shannon Dempsey, Jordan Reddick, and
Rubicon Soccer, Inc, were EACH at fault?
• What does the jury need to know to find that Shannon Dempsey, Jordan Reddick, and
Rubicon Soccer, Inc, each had a duty, breached the duty, and caused the damage?
• What is the nature and extent of Mia Perez’s injuries (damage)?
• 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!)
• Be sure to include from whom the jury will be learning each key piece of information.
Story for the Defense
• What story needs to be told for the jury to understand this case from the defense’s point
of view?
• What does the jury need to know to find that Shannon Dempsey, Jordan Reddick, and
Rubicon Soccer, Inc, were NOT at fault?
• What does the jury need to know to find that Mia Perez’s own actions (or inactions) were
the cause of the injury and damage to Mia (comparative negligence)?
• 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!)
• Be sure to include from whom the jury will be learning each piece of information.
11
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.
Then, have the two/three plaintiff and two/ three defense groups compare stories. (if time
permits)
Next day:
1) Have the groups present their (biased) stories & mottos to the class
2) As a class, go back and review requirements of an opening statement. Watch the “How to
Deliver an Opening Statement” video again. Have students take notes this time.
3) Review the “Opening Statement Template.”
4) Students choose plaintiff or defense and write an opening statement. 20 minutes of
writing time in class. Share. Opening statements due next day.
12
Opening Statement Brainstorm
PLAINTIFF:
Jobs:
• One scribe who writes down the ideas.
• 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 from the complaint and/or answer must be in the opening? (4-9)
• What about the tort of negligence must be in the opening? (59)
• What is the burden of proof? Who has this burden?
Next, write the story from the plaintiff’s perspective:
• What story needs to be told for the jury to understand this case from the
plaintiff’s point of view?
• What does the jury need to know to find that Shannon Dempsey, Jordan
Reddick, and Rubicon Soccer, Inc, were EACH at fault?
• What does the jury need to know to find that Shannon Dempsey, Jordan
Reddick, and Rubicon Soccer, Inc, each had a duty, breached the duty, and
caused the damage?
• What is the nature and extent of Mia Perez’s injuries (damage)?
• 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!)
• Be sure to include from whom the jury will be learning each key piece of
information. That is, identify which witness will testify to each bit of
evidence / the story.
13
Opening Statement Brainstorm
DEFENSE:
Jobs:
• One scribe who writes down the ideas.
• 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 from the complaint and/or answer must be in the opening? (4-9)
• What about the tort of negligence must be in the opening? (59)
• What is the burden of proof? Who must has this burden? What about the
defense of “comparative negligence?”
Next, write the story from the perspective of the defense:
• What story needs to be told for the jury to understand this case from the
defense’s point of view?
• What does the jury need to know to find that Shannon Dempsey, Jordan
Reddick, and Rubicon Soccer, Inc, were NOT at fault?
• What does the jury need to know to find that Mia Perez’s own actions (or
inactions) were the cause of the injury and damage to Mia (comparative
negligence)?
• 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!)
• Be sure to include from whom the jury will be learning each key piece of
information. That is, identify which witness will testify to each bit of
evidence / the story.
14
Opening Statement Template
Name: ________________
Date: _________________
Mock Trial
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.
15
Closing Argument Template
Name: ________________
Date: _________________
Mock Trial
Closing Arguments:
The Closing Argument is the last time the jury will hear the story of this case. It is the closing argument
that will summarize the case with the most favorable parts that happened during the trial. In your
closing, you should restate things the witnesses said that were helpful (your side) or harmful (other
side); restate your case theory; restate the applicable law and the burden of proof. Your arguments
are based on the actual evidence and testimony presented during the trial. YOU HAVE 5
MINUTES!
TIPS: You get to tell the end of the story and wrap it all up. This is a less emotional and more
factual listing of what has just been presented. Don’t bring in any new facts!...too late for that. Be
spontaneous, take notes during the trial to include in your arguments; isolate the issues that were
raised and describe briefly what has been presented. Describe the evidence/exhibits that were
presented and how that helped your side. Remind the jury of an important fact that a witness said
(from either side).
Here’s how you start:
“Your Honor, my name is: ___________________________________________________ and I
will be making the Closing Argument for the Prosecution /Plantiff/Defense.”
“Members of the jury, the evidence has clearly shown…”, “You have heard today…”:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Continue on another paper…………….
“Based on the testimonies you have heard, there can be no doubt that…”:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Continue on another paper…………….
“The plaintiff has failed to prove that…” or “The defense would have you believe that…” __
___________________________________________________________________________
___________________________________________________________________________
Continue on another paper…………….
You must state the charges / complaint, use and define key legal terms related to the charges,
and mention and explain the burden of proof.
16
Direct Examination Questions
Mia Perez v. Shannon Dempsey
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. Casey Perez:
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
2. Bevin Register, Ph.D.:
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
3. Tobin O’Reilly:
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
17
4. Shannon Dempsey:
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
5. Jordan Reddick:
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
6. Chris Durant:
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
18
Cross Examination Questions
Mia Perez v. Shannon Dempsey
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. Casey Perez: Weakness: _____________________________________________________
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
2. Bevin Register, Ph.D.: Weakness: ____________________________________________
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
3. Tobin O’Reilly: Weakness: __________________________________________________
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
19
4. Shannon Dempsey: Weakness: _______________________________________________
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
5. Dr. Jordan Reddick: Weakness: _____________________________________________
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
6. Chris Durant: Weakness: ___________________________________________________
A. ____________________________________________________________________
B. _____________________________________________________________________
C. _____________________________________________________________________
20
Application:
Name: ______________________ Date ________________
Mock Trial Roles: Mia Perez v. Dempsey, Reddick, Rubicon
Please identify your top four choices on this sheet (1-4). #1 is your first choice.
On a separate sheet of paper, 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; 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.
**************************************************************************************************
Plantiff:
Attorneys for the Plaintiff: 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 Casey Perez and Cross Exam of Shannon Dempsey
_____ Direct Examination of Bevin Register and Cross Exam of Jordan Reddick
_____ Direct Examination of Tobin O’Reilly and Cross Exam of Chris Durant
_____ Closing Argument
Witnesses for the Plaintiff: 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.
_____ Casey Perez
_____ Dr. Bevin Register, PhD, AT
_____ Tobin O’Reilly
___
I would be happy being any witness! (check if this applies)
21
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 Shannon Dempsey and Cross Exam of Casey Perez
_____ Direct Examination of Jordan Reddick and Cross Exam of Dr. Bevin Register
_____ Direct Examination of Chris Durant and Cross Exam of Tobin O’Reilly
_____ 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.
_____ Shannon Dempsey
_____ Jordan Reddick
_____ Chris Durant
____ I would be happy being any witness! (check if this applies)
List your choices:
Plaintiff: ______
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.
________________________________________________________________________
________________________________________________________________________
22
Plaintiff’s Team
Attorneys:
........................................................................................... Opening Statement
. ............................................................... Direct Examination of Casey Perez
. ........................................................... Direct Examination of Bevin Register
. .......................................................... Direct Examination of Tobin O’Reilly
. ...................................................... Cross examination of Shannon Dempsey
. ......................................................... Cross Examination of Jordan Reddick
. .............................................................. Cross Examination of Chris Durant
.............................................................................................Closing Argument
Witnesses:
. ...................................................................................................... Casey Perez
. .................................................................................................. Bevin Register
. ................................................................................................. Tobin O’Reilly
Defense Team
Attorneys:
. .......................................................................................... Opening Statement
. .................................................... Direct Examination of Shannon Dempsey
. ........................................................ Direct Examination of Jordan Reddick
. ............................................................. Direct Examination of Chris Durant
. ................................................................. Cross examination of Casey Perez
. ............................................................ Cross Examination of Bevin Register
. ........................................................... Cross Examination of Tobin O’Reilly
. ............................................................................................Closing Argument
Witnesses
. ........................................................................................... Shannon Dempsey
. ................................................................................................Jordan Reddick
. .................................................................................................... Chris Durant
Judges’ Team:
............................................................................................................... Judges
................................................................................................................. Clerk
................................................................................................................ Bailiff
.......................................................................................................... Journalist
.............................................................. Video of Preparation & Mock Trial
23
Mock Trial Jury Instructions – Verdict Sheet
Mia Perez, a minor, by and through her parent Casey Perez
v.
Shannon Dempsey, Jordan Reddick, and Rubicon Soccer Club Inc.
This is a civil case where the plaintiff, Mia Perez -- a minor child and only daughter of Casey Perez -is suing the defense -- Shannon Dempsey (coach), Jordan Reddick (director) and Rubicon Soccer
Club, Inc. -- under the tort of negligence. Mia sustained a serious concussion during a college
showcase soccer tournament on Friday, December 2, 2012, while playing for the Rubicon Soccer
Club Under 17 Premier soccer team, and she argues that they were negligent in returning her to
play too soon after an earlier concussion and, therefore, are liable for the damages she sustained.
ount 1:
Was Shannon emsey negligent in not removing Mia Perez from ractices and
the ollege Showcase (ame?
Duty: Did Shannon Dempsey have a duty of care to the plaintiff?
Yes ____ No ____
Breach of Duty: Was the duty violated or breached?
Yes ____ No ____
Causation: Did Shannon Dempsey’s conduct cause the plaintiff’s harm?
Yes ____ No ____
Damages: Did the plaintiff suffer actual damages?
Yes ____ No ____
ount 2:
Was ordan )eddic' negligent in not suervising educating monitoring and
roviding reasonable information and rules to layers arents and coaches to
minimize the ris' of injury to the layers?
Duty: Did Jordan Reddick have a duty of care to the plaintiff?
Yes ____ No ____
Breach of Duty: Was the duty violated or breached?
Yes ____ No ____
Causation: Did Jordan Reddick’s conduct cause the plaintiff’s harm?
Yes ____ No ____
Damages: Did the plaintiff suffer actual damages?
Yes ____ No ____
ount 3:
Was )ubicon Soccer lub nc negligent in not establishing reasonable rules and
regulations and return-to-lay rotocols? Was )ubicon negligent in failing to
gather and disseminate secific information regarding rior layer concussions?
Duty: Did Rubicon Soccer Club, Inc., have a duty of care to the plaintiff?
Yes ____ No ____
Breach of Duty: Was the duty violated or breached?
Yes ____ No ____
Causation: Did Rubicon Soccer Club’s conduct cause the plaintiff’s harm? Yes ____ No ____
Damages: Did the plaintiff suffer actual damages?
Yes ____ No ____
Affirmative efense omarative Negligence:
Was the plaintiff, Mia Perez, guilty of comparative negligence by failing to exercise
reasonable care for her own safety and thereby contributing to her own injury?
Yes ____ No ____
24
Mock Trial To-Do List
Plaintiff / 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 cannot 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 cannot 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?
_______________________________________________________________________
_______________________________________________________________________
25
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:
26
MOCK TRIAL EVALUATION CRITERIA
EVALUATION OF ATTORNEYS
OPENING STATEMENT: introduces self and co-counsel; clearly presented a credible case theory;
summary of witness testimony; well-organized statement summarized key facts; reviewed applicable law;
explained what jury was to decide; used legal terminology appropriately; good public speaking skills.
CLOSING ARGUMENT: stated decision wanted from the jury; accurately identified weakness in other
side’s case; effectively tied law with facts; highlighted key facts from witness testimony during trial; good
public speaking skills; rebuttal makes effective use of final pleas and identifies weakness in defense’ case
DIRECT EXAMINATION: effectively asked witness to provide all relevant background info;
demonstrated effective rapport with witness; questions supported theory of the case; demonstrated
knowledge of mock trial rules of evidence; good public speaking skills; responded appropriately to
opposing counsel’s objections; makes reasonable objections demonstrating solid grasp of mock trial rules
of evidence.
CROSS EXAMINATION: questions related to direct or witness statements, suggested the answers, short
and simple, place witness’ credibility in question, support team strategy; good public speaking skills;
makes reasonable objections demonstrating solid grasp of mock trial rules of evidence; responds
appropriately to opposing counsel’s objections.
EVALUATION OF WITNESSES
WITNESSES responded appropriately to questions, demonstrated clear understanding of facts
DIRECT EXAMINATION Convincingly tells the story, responsive to questions, doesn’t sound rehearsed,
uses voice inflection, clear story, appropriate gestures and facial expressions
CROSS EXAMINATION Witness remains calm, unshaken and is consistent in story
EVALUATION OF TEAM
WITNESSES responded appropriately to questions, demonstrated clear understanding of facts
ATTORNEYS effectively presented the legal elements and applicable facts; followed appropriate trial
procedure; made effective objections with supporting rationale; used appropriate courtroom demeanor
demonstrating respect for the court, opposing counsel and witnesses; impeached witnesses using
appropriate procedures.
TEAMWORK: cooperation among all members; performance showed cohesiveness in developing a
theory of the case from attorney presentations to witness testimony.
EVALUATION OF CLERK/BAILIFF
Effectively called the court to order, demonstrated good timekeeping skills, poised, swore in the
witnesses, effectively managed the exhibits.
EVALUATION OF JUDGES
Effectively maintained order in the court and ran the trial; familiar with order of trial; effectively
responded to objections, clear instructions to the jury.
27
Answers to questions
are responsive and
correspond to witness
statement. Seems as if
witness is testifying to
actual events
Poised; eye contact
with jurors; articulate;
confident
Maintains credibility &
demeanor during cross
examination
Conveys
story; true
to witness
statement
Under
Cross
examination
Delivery
Portrayal is credible;
infused with personality
Uses voice inflection,
appropriate gestures,
and facial expression.
Character
portrayal
Generally credible
during cross
examination
Poised; eye contact
with jurors;
articulate; confident
Answers to
questions are
responsive and
correspond to
witness statement
Credible, effective
portrayal. Some
character
personality evident.
Speaks too
softly/loudly, or too
quickly. Little eye
contact.
Confused, unable to
stay in character.
Simple yes/no
answers on cross.
Portrayal of role is
credible, however,
it’s clear the witness
is not in complete
command of the
witness testimony
Answers unclear
and/or sound too
rehearsed
3 - Developing
28
Responded appropriately to questions, demonstrated clear understanding of facts.
• UNDER DIRECT EXAMINATION: Convincingly tells the story, responsive to questions,
doesn’t sound rehearsed, uses voice inflection, clear story, appropriate gestures and
facial expressions.
• Under CROSS EXAMINATION Witness remains calm, unshaken and is consistent in story
4 - Proficient
Attorney Questioning of Witnesses
Questions supports overall strategy, uses good speaking skills.
Witness
5 - Exemplary
Name: ___________________________
Role(s) ___________________________
Name: ____________________________
Role: _____________________________
Leading questions in cross
cast doubt on opponent’s
case theory. No irrelevant
questions
Articulate, ideal volume
and speed, clear
enunciation, effective use
of pauses and gestures,
effective eye contact with
jurors
Objections and responses to
opponent demonstrate clear
grasp of mock trial
Delivery
Objections
Questions show
relationship to and help
advance case theory.
Purpose of questioning
clear and effective.
Listened and reacted
effectively to witness
responses
Direct examination
questions are openended, NOT leading
5 - Exemplary
Cross
Exam =
Leading
Direct
Exam =
openended
Responsive
Questions
related to
case
theory
Objections show
familiarity with mock trial
Leading questions in
cross cast doubt on
opponent’s case
theory. Few irrelevant
questions.
Articulate, good volume
and speed, clear
enunciation, some
pauses and gestures,
some eye contact with
jurors
Listened and reacted
appropriately to witness
responses
Direct examination
questions NOT leading
All questions develop
testimony consistent
with case theory
4 - Proficient
No objections made.
Difficult to hear/
understand. Spoke
too quickly or slowly;
no or ineffective
gestures. Little eye
contact with jury.
Some direct
examination questions
are leading or
attorney tells too
much of story
Some open-ended
questions; Many
questions irrelevant..
Unaware of witness
responses.
Purpose of several
questions unclear; not
consistent with case
theory
3 - Developing
• DIRECT: Effectively asks witness to provide background, establishes effective rapport with
witness, reacts appropriately to witness responses, reasonable objections and/or
responses to objections.
• CROSS: Questions related to direct or witness statements, suggested the answers, short
and simple; places witness’ credibility in question, reasonable objections and/or
responses to objections.
Scoring Guide for Mock Trials
Scoring Guide for Mock Trials
Mock Trial Scoring Guide
Opening Statement
Content Includes:
• introduction of self and cocounsel
• credible case theory/ theme /
motto
• summary of what happened
• summary of witness
testimony
• legal elements and review of
applicable law
Content Explains:
• what you want judge/jury to
decide
Organization
• Includes introduction and
conclusion
• logically organized
• tells story of case
Public speaking / Delivery:
• Eye contact
• Enunciation and
pronunciation
• Variations in rate, volume,
tone, voice appropriate to
audience
• Fluent delivery
• Appropriate use of nonverbal
techniques (i.e., facial
expressions, gestures, body
movements, stage presence)
5 - Exemplary
• Clearly, accurately and
specifically includes &
explains all required content.
• Case theory / theme /motto
clear and memorable.
• Legal elements and review of
law correct and phrased in
jury-friendly language.
• Analogies fit and enhance
jury understanding.
• Clearly states how jury/judge
should decide case.
4 – Proficient
• Clearly and accurately
includes & explains all
required content.
• Case theory / theme
/motto clear.
• Legal elements and
review of law correct and
understandable.
• Analogies fit
• Tells how jury/judge
should decide case.
3 - Developing
• Mostly accurate and/or
clear explanation of
required content.
• OR left out one aspect of
required content.
• Case theory / theme /motto
unclear or not included.
• Aspects of legal elements
and review of law unclear or
incomplete.
• Did not tell jury/judge how
to decide case.
• Effective, creative
introduction
• Clear sequencing that
logically weaves together all
required content
• Effectively tells story of case
• Balanced details
• Effective, creative conclusion.
Skillful delivery
Articulate, ideal volume and
speed, clear enunciation,
effective use of pauses and
gestures, effective eye contact
with jurors.
• Recognizable introduction
• Clear sequencing of ideas
/ required content
• Tells story of case
• Details fit
• Effective conclusion.
• Introduction undeveloped
• Sequencing of ideas
unclear or not effective
• Partially tells story of case
• Details sometimes fit,
sometimes misplaced.
• Undeveloped conclusion.
Solid Delivery with minor
weaknesses
Articulate, good volume and
speed, clear enunciation,
some pauses and gestures;
eye contact with jury
present but not consistent
Delivery more weak than
strong
Difficult to hear/ understand.
Spoke too quickly or slowly;
frequent space fillers (“um”,
“like”); no or ineffective
gestures. Little eye contact
with jury.
29
Mock Trial Scoring Guide
Closing Argument
Content Includes:
• introduction of self
• Review of case theory
• summary of witness
testimonies
• specific references to helpful /
damaging testimony from
actual trial
• legal elements and review of
applicable law
Content Explains:
• what you want judge/jury to
decide and
• why the jury should decide
that way
Organization
• Includes introduction and
conclusion
• logically organized
• tells story of case
Public speaking / Delivery:
• Eye contact
• Enunciation and
pronunciation
• Variations in rate, volume,
tone, voice appropriate to
audience
• Fluent delivery
• Appropriate use of nonverbal
techniques (i.e., facial
expressions, gestures, body
movements, stage presence)
5 - Exemplary
• Clearly, accurately and
specifically includes &
explains all required content.
• Numerous references to
testimony in trial
• Case theory / theme /motto
clear and memorable.
• Legal elements and review of
law correct and phrased in
jury-friendly language.
• Clearly states how jury/ judge
should decide case.
4 – Proficient
• Clearly and accurately
includes & explains all
required content.
• Some references to
testimony in trial
• Case theory / theme
/motto clear.
• Legal elements and
review of law correct and
understandable.
• Tells how jury/judge
should decide case.
3 - Developing
• Mostly accurate and/or
clear explanation of
required content.
• OR left out one aspect of
required content.
• No references to testimony
in trial
• Case theory / theme /motto
unclear or not included.
• Aspects of legal elements
and review of law unclear or
incomplete.
• Did not tell jury/judge how
to decide case.
• Effective, creative
introduction
• Clear sequencing that
logically weaves together all
required content
• Effectively tells story of case
• Balanced details
• Effective, creative conclusion.
Skillful delivery
Articulate, ideal volume and
speed, clear enunciation,
effective use of pauses and
gestures, effective eye contact
with jurors.
• Recognizable introduction
• Clear sequencing of ideas
/ required content
• Tells story of case
• Details fit
• Effective conclusion.
• Introduction undeveloped
• Sequencing of ideas
unclear or not effective
• Partially tells story of case
• Details sometimes fit,
sometimes misplaced.
• Undeveloped conclusion.
Solid Delivery with minor
weaknesses
Articulate, good volume and
speed, clear enunciation,
some pauses and gestures;
eye contact with jury
present but not consistent
Delivery more weak than
strong
Difficult to hear/ understand.
Spoke too quickly or slowly;
frequent space fillers (“um”,
“like”) ; no or ineffective
gestures. Little eye contact
with jury.
30
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.
1.
5 is high (I fully achieved this!), 1 is low (what are you talking about?)
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?
31
MOCK TRIAL SELF EVALUATION
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?
32
7. Consider your contribution to the mock trial unit – in particular, consider the
two-week period between Friday, May 23 when you received your role and Friday,
June 6, 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:
33
Mock Trial Preparation and Performance
Individual Scoring Guide
Name: _______________________
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 falls on preparation, not on performance.
- What grade have you earned? (see below) HIGHLIGHT applicable descriptors
5 - Exemplary
4 – Proficient
3 –Developing
2 – Beginning
Student
Teacher
___/20
____/20
___/20
____/20
___/10
____/10
(let team down)
Teamwork,
cooperation
& attitude: all
for the team
Preparation
& focus
Mock Trial
Performance
Offers leadership,
constructive assistance,
adaptability, and a helpful
vibe. 100% effort
throughout.
• Teamwork:
Collaborates well;
constructively shares
understanding as
needed; encourages
focus; a leader
• Attitude: Consistently
positive, helpful and
flexible - adapts well
Offers constructive
assistance, flexibility,
open attitude; shares
understanding as
needed. 80-90% effort
throughout.
• Teamwork:
Collaborates well;
offers constructive
assistance; shares
understanding as
needed
• Attitude: Generally
positive; flexible
Limited assistance,
poor attitude, little
flexibility. 60-70% effort
throughout.
• Teamwork: Limited
assistance
• Attitude: attitude
negative over 30%
of the time. Little
flexibility.
Provides no
assistance, exhibits
detrimental attitude,
and inflexibility.
Doesn’t care. Less
than 50% effort
• Teamwork:
Provides no
assistance to team;
unhelpful
• Attitude: attitude
detrimental to
team; inflexible.
Over prepared and always
on task; can compensate
for others.
• Always has all mock trial
materials and other
team-agreed materials.
• Consistently arrives with
revised and improved
work
• Always on task
Prepared and knows
what’s going on; mostly
focused (90%).
• Has all mock trial
materials, and other
team-agreed materials.
• Often arrives with
revised and improved
work.
• Almost always on task
Often unprepared;
focus often wavers
• Mock Trial materials
often missing
• Occasionally arrives
with revised work.
• More on task than not
• Occasionally pulls
others off task
Unprepared; others do
your work for you;
rarely focused
• Rarely brings
materials
• Relies on others to
revise your work or
rally you to action
• Mostly off task
• You pull others off
task
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
Total out of 50
34
Moc' Trial Noteboo'
Name: ____________________________
Assigned: Thursday, May 7, 2014
Due: Monday, June 9, 2014
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 June 6 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 (assigned today): include 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 similarly to the Social studies
binder. The item numbers in the “overall completion” category are for example only; as of today
we do not know how many total items will be included in the final product.
Assessment
Overall
Completion
• Work
completed
• Work
completed on
time
Quality of
Work
• Thoughtful
• Thorough
Organization
• Order
• Correct header
• Pages
numbered
• Extra?
Name
5 - Exemplary
4 –Proficent
3- Developing
2 – Significant gaps
All items are in the
NB, complete, and
on time (36-40)
At least 85% of
items in NB,
complete, and
on time (32-35)
At least 70%
assignments in
NB and/or
completed.
Most work
completed on
time. (26-31)
Work is
occasionally
thorough, but
sometimes
incomplete. (2631)
Fewer than 50%
assignments in
notebook. Few
assignments
completed on time
(0-25)
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 fewer)
Thoughtful and
thorough work
throughout. I WANT
this student on MY
team! (36-40)
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)
Work is
generally
thoughtful and
thorough. This
student would
be an asset to
my team.
(32-35)
Orderly
notebook. It’s
easy to find
each item.
Includes dates
and titles for all
entries. (16-18)
Work is rarely
thorough and
often incomplete.
Shows little effort
and no
consistency. (1025)
Total out of 100
35
Self
Peer
Teacher
___/40
___/40
___/40
___/40
___/40
___/40
___/20
___/20
___/20
Mock Trial Notebook Assessment:
DUE Monday, June 9
Student Name: ______________
Assessed By ______________________
Completion: Indicate whether or not an item is in the notebook with a “√“ or a “0” or an “L” (present but late)
Quality: Indicate the quality of each entry using the 5 point scale
(5 is exemplary, 4 meets expectations, 3 is developing, but not at expectations; 2 has significant gaps)
omletion Quality:
ate
tem: Assignment / Handout
√ 0 !
5 4 3 2
NA
5/7
Title Page: "Mia Perez, a minor, by and through her parent Casey Perez, v.
Shannon Dempsey, Jordan Reddick, and Rubicon soccer Club, Inc ."
5/7
Mock Trial Notebook Contents, 2014 (this handout)
Elements of a Civil Case (59): Define each of four elements in own words. Give
an example for each.
5/8
NA
5/9
Complaint and Answer (4-9): What are the two most important assertions in the Complaint for
Negligence? Why? What is the one most important assertion in the answer? Why?
5/12
5/12
Handout: Assignment for Witness Statements
Completed for Casey Perez: Witness statement impressions, T-chart, time line,
and exhibits.
Completed for Shannon Dempsey: Witness statement impressions, T-chart,
time line, and exhibits.
Completed for Bevin Register, PhD. Witness statement impressions, T-chart,
time line, and exhibits. For T-chart, “divide & conquer” by table group
Complete for Jordan Reddick Witness statement impressions, T-chart, time
line, questions, and exhibits.
Complete for Tobin O’Reilly Witness statement impressions, T-chart, time line, and
5/13
5/14
5/15
5/16
NA
NA
NA
NA
X5
NA
5/20
5/21
5/22
Handout: Steps in a Civil trial
5/21: MT role application (yours)
Handout: Writing an Opening Statement
5/23
5/23
5/23
Handout: Your mock trial job description
Your Opening Statement
Daily work chart update
Handout: Courthouse Tour Assignment
5/27or
5/28
NA
X1
5/19
exhibits. Questions: five sequential direct examination Q’s that address important
aspects of testimony
Complete for Chris Durant Witness statement impressions, T-chart, time line, and
exhibits. Questions: X-exam Q’s. Choose ONE weakness in Chris Durant’s testimony;
develop 3-5 Q’s around that one weakness (build the story)
5/28
5/28
5/29
5/30
6/2
6/2
Your Courthouse Tour Reflection
Daily work chart update
Daily work chart update
Daily work chart update
Handout: Introducing exhibits
Handout: Verdict Sheet / Jury instructions
6/2
6/2
6/3
6/4
5/236/5
6/6
6/9
6/9
Judge Youlee You: Questions and Answers
Daily work chart update
Daily work chart update
Daily work chart update
ALL of your work preparing for the mock trial, including drafts, research, etc.
This counts as FIVE entries.
Your FINAL work for the trial/unit – whatever that is!
Mock Trial Prep and Performance Evaluation – how you’ll be assessed
Mock Trial Self Assessment/Reflect, completed in class on Monday
36
37