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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.
� Karen Rouse, West Sylvan Middle School, Portland Public Schools.
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3
Vocabulary for State v. Durden
Recklessly
Hazing
Culpable mental state
manslaughter
Gross deviation from the standard of care
Unresponsive state
Hyperthyroidism
Thyroid
Acute Hyponatremia
Autopsy
Anatomical pathology
External trauma
Sodium serum levels
Urinalysis
Accelerated or exacerbated
Forensic pathology
Anthropology
Initiation
Philanthropy
Pledge master
GPA
Fixated
Highest caliber
General liability release
Rigorous
Optional
Overzealous
Negative consequences
Strategies for teaching vocabulary:
1. Group words by category (e.g., legal, Greek, medical, other.) Create a chart for each
category and have students rate their word recognition.
No idea Have heard it Can define & use it
urinalysis
autopsy
2. Ask pairs to find meanings for the words they do not know; have pairs share with the
class the five that they think are most important to the case.
3. Create a Presentation for class. Students take notes and draw a symbol for each word.
4. Use the list to review the trial; have students find the words in the witness statements
and guess meaning in context.
5. 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.
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�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! Symbol
EMT
�ebridement
Procedure
�V �ntravenous!
S'in (raft
)econstructive
Surgery
�ebilitating
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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. Civil case 2. Criminal case 3. Plaintiff 4. Defense / Defendant 5. Tort 6. Negligence 7. Duty 8. Breach of Duty 9. Causation 10. Comparative negligence 11. 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
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Legal Terms Dictionary Scoring Guide
Criteria Student Teacher
26 terms term, definition, explanation relating to trial, parenthetical citation
One point for each complete term (+4 to make it 30) ____/30
____/30
Exemplary (5) Proficient (4) Developing (3) Beginning (2)
Term Definitions & Explanations • Definitions in own words
• Explanations of how terms relate to trial
• Correctly used in a sentence
• Quality
• Accuracy
Thorough & accurate
• definitions
• explanations of how terms relate (or don’t) to trial
• used in a sentence
all in own words
Complete & accurate
• definitions
• explanations
• used in a sentence
all in own words
Most (20+) complete and/or accurate;
• definitions
• explanations
• used in a sentence
all in own words
10 or more incomplete or inaccurate; some plagiarized.
____/30
____/30
0: most not in own words (plagiarized)
Creative Application
• For 10 terms
• Creativity
• Quality/effort
• Appropriate
Exceptional application is appropriate and thoughtfully rendered for ten or more terms; enhances meaning; creative.
Application is appropriate and thoughtfully rendered for ten or more terms; enhances meaning; almost all creative.
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.
____/10
____/10
Required Elements
• Correct parenthetical
citations throughout
• Correct bibliography
• Cover sheet includes
name, date, title of
project
• 1-4 terms per page
All required elements completed thoroughly
All but one required element included in notebook (eg missing one parenthetical citation OR missing date)
All but 2-6 required elements included (e.g., missing parenthetical citations for three entries)
Seven or more required elements missing from notebook
____/15
____/15
Quality of overall presentation
• ink, colored pencil, or
typed
• carefully bound
• artistic cover and
illustrations
The notebook is exceptionally neat, artistically pleasing, and brilliantly organized.
The notebook is neat, looks good, and is organized logically
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.
____/10
____/10
Conventions
• spelling,
• grammar,
• punctuation,
• capitalization
• usage
No grammatical, spelling or punctuation errors.
Almost no grammatical, spelling or punctuation errors.
A few grammatical spelling, or punctuation errors.
Many grammatical, spelling, or punctuation errors.
____/5
____/5
Total out of 100
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Learn the Story Through Witness Statements: Strategies to help students read and reread the text
• Dramatic read aloud of each witness statement
o Ask: What do you remember? What is this person like? What are his/her
character traits? What is his/her role in the story? What strengths and
weaknesses does this witness bring to their side? Hint: encourage students to
back up assertions with evidence from the witness statements.
• Break into 6 groups to read statements.
o Each group tells the class about their witness using “I” statements. E.g., “My
name is Chris Knight and I…”
o One group member is the lawyer and asks all the rest (who all play the same
witness) direct examination questions. OR one person is the witness (hot
seat!) and all the rest are attorneys.
• Pair and share information paragraph by paragraph
• Perform a mini role-play of your witness; use emotion appropriate to your role, but
do not add or subtract from the witness statement.
• Write a headline for the witness’s testimony.
• Draw one thing from your testimony that represents an important fact. Explain it to
the class.
• What one word best describes your witness? Write it on a 3x5 card. On the flip side,
explain why. Teacher collects all. Students guess to which witness each word
relates.
• Groups create a storyboard of the (6) key events of the case. Post on walls and
follow with a silent gallery walk. Discuss.
• “Who’s to blame?” Students assign blame supported with evidence from the witness
statements.
• How will your testimony help your side of the case? (list evidence; identify three
most helpful facts.)
• How might your testimony detract from your side? (list evidence; identify three
most detrimental facts)
• What is the weakest part of the testimony? Why?
• Choose one witness from the opposing side who connects closely to your own
testimony. How are they similar and different?
• Note-taking for each witness: Prosecution / Defense T-chart; timeline; which
exhibits relate to this witness
• Write 10, 15, 20 direct examination questions for your witness
• Write 5-10 cross examination questions for your witness
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Witness Statements
Mia Perez, by and through Casey Perez,
v.
Shannon Dempsey, Jordan Reddick, & Rubicon Soccer Club, Inc.
First & Last Name
Date
Assignment Name
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.
Example: Casey Perez (P)
1. Reflection:
After reading the testimony of each witness, you will write a brief reflection. Give your impression of the witness and their statements – what did you think of their testimony? How do you feel about him/her as a person? How do you feel about their account of the incident? Give specific examples to support your thoughts and ideas. This must be at least 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)
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)
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3. Time Line
Include all important events, including their date(s) and time(s).
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?
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)
TK 2012 Mia gets drivers license on 16th bday
Dec 2, 2012 Mia’s head injury (16 yrs)
2009 Mia “makes it” to Rubicon (13 yrs)
Aug 23 2013 -affidavit given
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.
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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.4-
9) – 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.
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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.
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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.
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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.
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Opening Statement Template Name: ________________
Mock Trial Date: _________________ The opening statement is the first time the jury will hear the story of this case. It is the opening statement that will give the details from the beginning to the end, introduce the witnesses (not in a list), explain the circumstances of the case and tell YOUR side of the story. Include your case theory and motto. You have five (5) minutes!
TIPS: You can use emotion, story telling techniques, visualizations (“imagine, if you will….”)…any way to draw the jury into the story. You have to “hook” them in with the compelling aspects of your story. Here’s how you start: “Your Honor, my name is: ___________________________________________________ and I will be making the Opening Statement for the Prosecution(Plaintiff)/Defense.” “This case is about…
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Continue on another paper.) “We will call the following witnesses and they will testify that… (specify to what each witness will testify)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ (Continue on another paper.) “We will establish that: ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________ (Continue on another paper.)
In addition, you must state the charges, use and define key legal terms related to the charges,
and mention and explain the burden of proof.
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Closing Argument Template Name: ________________
Mock Trial Date: _________________
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.
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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. _____________________________________________________________________
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4. Shannon Dempsey: A. ____________________________________________________________________ B. _____________________________________________________________________ C. _____________________________________________________________________ 5. Jordan Reddick: A. ____________________________________________________________________ B. _____________________________________________________________________ C. _____________________________________________________________________ 6. Chris Durant: A. ____________________________________________________________________ B. _____________________________________________________________________ C. _____________________________________________________________________
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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. _____________________________________________________________________
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4. Shannon Dempsey: Weakness: _______________________________________________ A. ____________________________________________________________________ B. _____________________________________________________________________ C. _____________________________________________________________________ 5. Dr. Jordan Reddick: Weakness: _____________________________________________ A. ____________________________________________________________________ B. _____________________________________________________________________ C. _____________________________________________________________________ 6. Chris Durant: Weakness: ___________________________________________________ A. ____________________________________________________________________ B. _____________________________________________________________________ C. _____________________________________________________________________
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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)
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DEFENSE: Attorneys for the Defense: 5 Needed (x 2…two teams) Must work as a team to build a credible case theory AND work independently to ensure
that their piece of the case is thoroughly prepared & convincingly presented to the jury. Must be familiar with the charges, the witness statements, objections, and know absolutely what must be proven to the jury for your side to win.
_____ Opening Statement _____ Direct Examination of 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.
________________________________________________________________________
________________________________________________________________________
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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
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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 �em�sey 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 su�ervising� 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 s�ecific 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� �om�arative 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 ____
25
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? _______________________________________________________________________
_______________________________________________________________________
26
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:
27
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.
28
Sco
ring Guide for Mock
Trials
Nam
e: ____________________________
Role: _____________________________
Witness
Responded appropriately to questions, dem
onstrated 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 C
ROSS EXAMINATION Witness remains calm, unshaken and is consistent in story
5 - Exemplary
4 - Proficient
3 - Developing
Charac
ter
portraya
l Portrayal is credible;
infused with personality
Uses voice inflection,
appropriate gestures,
and facial expression.
Credible, effective
portrayal. Som
e character
personality evident.
Portrayal of role is
credible, however,
it’s clear the witness
is not in com
plete
command of the
witness testimony
Conve
ys
story; true
to witnes
s statem
ent
Answers to questions
are responsive and
correspond to witness
statem
ent. Seems as if
witness is testifying to
actual events
Answers to
questions are
responsive and
correspond to
witness statem
ent
Answers unclear
and/or sound too
rehearsed
Delivery
Poised; eye contact
with jurors; articulate;
confident
Poised; eye contact
with jurors;
articulate; confident
Speaks too
softly/loudly, or too
quickly. Little eye
contact.
Under
Cross
exam
ination
Maintains credibility &
demeanor during cross
exam
ination
Generally credible
during cross
exam
ination
Confused, unable to
stay in character.
Simple yes/no
answers on cross.
Sco
ring Guide for Mock
Trials
Nam
e: ___________________________
Role(s) ___________________________
Attorney Questioning of Witnesses
Questions supports overall strategy, uses good speaking skills.
• 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 statem
ents, suggested the answers, short
and simple; places witness’ credibility in question, reasonable objections and/or
responses to objections.
5 - Exemplary
4 - Proficient
3 - Developing
Ques
tions
related to
case
theo
ry
Questions show
relationship to and help
advance case theory.
Purpose of questioning
clear and effective.
All questions develop
testimony consistent
with case theory
Purpose of several
questions unclear; not
consistent with case
theory
Responsive
Listened and reacted
effectively to witness
responses
Listened and reacted
appropriately to witness
responses
Unaware of witness
responses.
Direc
t Exa
m =
open
-en
ded
Direct examination
questions are open-
ended, NOT leading
Direct examination
questions NOT leading
Som
e direct
exam
ination questions
are leading or
attorney tells too
much of story
Cross
Exa
m =
Lea
ding
Leading questions in cross
cast doubt on opponent’s
case theory. No irrelevant
questions
Leading questions in
cross cast doubt on
opponent’s case
theory. Few irrelevant
questions.
Som
e open-ended
questions; M
any
questions irrelevant..
Delivery
Articulate, ideal volume
and speed, clear
enunciation, effective use
of pauses and gestures,
effective eye contact with
jurors
Articulate, good volume
and speed, clear
enunciation, som
e pauses and gestures,
some eye contact with
jurors
Difficult to hear/
understand. Spoke
too quickly or slowly;
no or ineffective
gestures. Little eye
contact with jury.
Objections
Objections and responses to
opponent dem
onstrate clear
grasp of mock trial
Objections show
familiarity with mock trial
No objections made.
29
Mock Trial Scoring Guide Opening Statement 5 - Exemplary 4 – Proficient 3 - Developing
Content Includes:
• introduction of self and co-counsel
• 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
• 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.
• 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.
• 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.
Organization
• Includes introduction and conclusion
• logically organized
• tells story of case
• Effective, creative introduction
• Clear sequencing that logically weaves together all required content
• Effectively tells story of case
• Balanced details
• Effective, creative conclusion.
• 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.
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)
Skillful delivery Articulate, ideal volume and speed, clear enunciation, effective use of pauses and gestures, effective eye contact with jurors.
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
Mock Trial Scoring Guide Closing Argument 5 - Exemplary 4 – Proficient 3 - Developing
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
• 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.
• 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.
• 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.
Organization
• Includes introduction and conclusion
• logically organized
• tells story of case
• Effective, creative introduction
• Clear sequencing that logically weaves together all required content
• Effectively tells story of case
• Balanced details
• Effective, creative conclusion.
• 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.
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)
Skillful delivery Articulate, ideal volume and speed, clear enunciation, effective use of pauses and gestures, effective eye contact with jurors.
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.
31
Evaluation of Mock Trial Unit Name___________________
Did we achieve our goals? Please circle a number for each goal and explain your reason for that rating. 5 is high (I fully achieved this!), 1 is low (what are you talking about?)
1. Goal: To learn and improve basic skills such as reading, speaking, critical thinking, listening and cooperating.
(high) 5 4 3 2 1 (Low) Which of these basic skills did you use?
Why / how did you need them? 2. Goal: To understand and learn more about the legal system, law, society, and themselves.
(high) 5 4 3 2 1 (Low) What did you learn about the legal system, law, our society, and/or yourself? Explain.
3. Goal: To think about important elements in the justice system such as rule of law, burden of
proof, preponderance of evidence, evidence/exhibits, expert testimony, and, in a criminal trial, presumption of innocence.
(high) 5 4 3 2 1 (Low) Which of these elements provided for a fair trial? Were any elements of a fair trial missing? Explain.
4. Goal: To emphasize the values of respect, fairness and cooperation rather than negative and adversarial responses.
(high) 5 4 3 2 1 (Low) How did the class cooperate and respect each other while we were learning about the mock trial?
32
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?
33
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:
34
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 (let team down)
Student Teacher
Teamwork, cooperation & attitude: all for the team
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.
___/20
____/20
Preparation & focus
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
___/20
____/20
Mock Trial Performance
My performance in the Mock Trial helped my team succeed.
My performance in the mock trial helped my team.
My performance didn’t help my team, but it also didn’t harm my team.
My performance harmed my team
___/10
____/10
Total out of 50
35
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 Name
5 - Exemplary 4 –Proficent 3- Developing 2 – Significant gaps Self Peer Teacher
Overall Completion • Work completed
• Work completed on time
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)
Fewer than 50% assignments in notebook. Few assignments completed on time (0-25)
___/40
___/40
___/40
Quality of Work • Thoughtful
• Thorough
Thoughtful and thorough work throughout. I WANT this student on MY team! (36-40)
Work is generally thoughtful and thorough. This student would be an asset to my team. (32-35)
Work is occasionally thorough, but sometimes incomplete. (26-31)
Work is rarely thorough and often incomplete. Shows little effort and no consistency. (10-25)
___/40
___/40
___/40
Organization • Order
• Correct header
• Pages numbered
• Extra?
Wow! It’s in order, all entries have titles and dates, all pages are numbered, the title page ROCKS, AND it’s legible. Extra effort in overall look and/or organization. (19-20)
Orderly notebook. It’s easy to find each item. Includes dates and titles for all entries. (16-18)
Notebook is mostly in order. Most entries have dates. (13-15)
Notebook is disorganized. It’s difficult and time consuming to locate items. (12 or fewer)
___/20
___/20
___/20
Total out of 100
36
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)
�om�letion
√� 0� �!
Quality:
5� 4� 3� 2 �ate �tem: Assignment / Handout
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 ."
NA 5/7 Mock Trial Notebook Contents, 2014 (this handout)
5/8
Elements of a Civil Case (59): Define each of four elements in own words. Give
an example for each.
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?
NA 5/12 Handout: Assignment for Witness Statements
5/12 Completed for Casey Perez: Witness statement impressions, T-chart, time line,
and exhibits.
5/13 Completed for Shannon Dempsey: Witness statement impressions, T-chart,
time line, and exhibits.
5/14 Completed for Bevin Register, PhD. Witness statement impressions, T-chart,
time line, and exhibits. For T-chart, “divide & conquer” by table group
5/15 Complete for Jordan Reddick Witness statement impressions, T-chart, time
line, questions, and exhibits. 5/16 Complete for Tobin O’Reilly Witness statement impressions, T-chart, time line, and
exhibits. Questions: five sequential direct examination Q’s that address important
aspects of testimony
5/19 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)
NA 5/20 Handout: Steps in a Civil trial
5/21 5/21: MT role application (yours)
NA 5/22 Handout: Writing an Opening Statement
NA 5/23 Handout: Your mock trial job description
5/23 Your Opening Statement
5/23 Daily work chart update
NA 5/27or
5/28 Handout: Courthouse Tour Assignment
5/28 Your Courthouse Tour Reflection
5/28 Daily work chart update
5/29 Daily work chart update
5/30 Daily work chart update
NA 6/2 Handout: Introducing exhibits
6/2 Handout: Verdict Sheet / Jury instructions
6/2 Judge Youlee You: Questions and Answers
6/2 Daily work chart update
6/3 Daily work chart update
6/4 Daily work chart update
X 1
X 5
5/23-
6/5
ALL of your work preparing for the mock trial, including drafts, research, etc.
This counts as FIVE entries.
6/6 Your FINAL work for the trial/unit – whatever that is!
NA 6/9 Mock Trial Prep and Performance Evaluation – how you’ll be assessed
6/9 Mock Trial Self Assessment/Reflect, completed in class on Monday
37
