Mock Trials

Page 1 of 62
CITIZEN SCHOOLS MOCK TRIALS 2006 Citizen School Inc.

SEPTEMBER 2006 All rights reserved.

A resource guide for teaching quality law
apprenticeships.
Version 1.0 SEPTEMBER 2006

<<PHOTO GOES HERE >>

Citizen Schools Mock Trials
CUFF CULU| CU 0E
<Partner Logo>

Page 2 of 62

This curriculum was compiled and edited by Max Fripp, Kelly Dwyer and Jean
Horstman.

IN GRATEFUL ACKNOWLEDGEMENT

CITIZEN SCHOOLS WOULD LIKE TO THANK THE FOLLOWING INDIVIDUALS AND
ORGANIZATIONS FOR THEIR CONTRIBUTIONS TO CREATING THIS CURRICULUM GUIDE:

SUE SIMONE
JAMIE ZEMBRUSKI
BECCA MOSKOWITZ

ADDITIONAL MOCK TRIAL SUPPORT MATERIALS:
MOCK TRIAL CURRICULUM RESOURCES
MOCK TRIAL EVENT PLANNING RESOURCES

Page 3 of 62
TABLE OF CONTENTS

1. CURRICULUM IMPLEMENTATION GUIDE

4-7
2. CITIZEN TEACHER WEEKLY SELF EVALUATION

8
3. GUIDELINES FOR USING THE CITIZEN TEACHER WEEKLY SELF EVALUATION
TOOL

9
4. DESCRIPTION OF THE WOW!

10
5. GETTING TO WOW! TEMPLATE

11
6. GETTING TO WOW! 10 WEEK LESSON PLAN

12 -15
7. LESSON ONE PLAN

8. LESSON TWO PLAN

9. LESSON THREE PLAN

10. LESSON FOUR PLAN

11. LESSON FIVE PLAN

12. LESSON SIX PLAN

13. LESSON SEVEN PLAN

14. LESSON EIGHT PLAN

15. LESSON NINE PLAN

16. TIPS OF THE TRADE

17. ALTERNATE ACTIVITIES

Page 4 of 62

APPPENTICESHIP CUPPICULUh CUI0E
IhPLEhENTATIDN STAN0AP0S

ApprentIceshIps are meanIngful learnIng experIences for apprentIces and volunteer
CItIzen Teachers. ThIs WDW! plan, along wIth each IndIvIdual lesson plan, was
carefully crafted to meet those goals. However, well desIgned currIculum alone does
not ensure student learnIng. Students must be effectIvely engaged In order to learn;
thIs can only be achIeved through hIgh qualIty InstructIon and plannIng. There are
three key elements to successfully ImplementIng ApprentIceshIp currIcula:

1. PIannIng - most of the lessons In thIs guIde requIre specIal preparatIon,
therefore, everyone should be clear on what needs to be done and who Is
responsIble at least one week before each lesson. See the "ConsIderatIons for
Campus 0Irectors" sectIon for steps to preparIng before Lesson Dne.
2. CommunIcatIon - Campus 0Irectors, Team Leaders and CItIzen Teachers need
to communIcate each week to make crucIal decIsIons and be sure everyone
knows what wIll happen In each lesson
J. Assessment and AdaptatIon - no currIculum can prepare for every group of
students. Therefore, use the weekly selfevaluatIon after each lesson so that
adaptatIons to lesson plans can be made.
Use the sectIons of thIs guIde In the followIng way to help create engagIng and
meanIngful learnIng opportunItIes for your ApprentIceshIp;
1. 0escrIptIon of the WDW - the WDW descrIbed In thIs guIde has been
successfully Implemented at least once In the CItIzen Schools program. The
WDW Is real, provIdes added communIty value, Is publIc, allows students to
teach back and has authentIc materIals and clIents. Please be sure you fully
understand the WDW before you begIn teachIng your fIrst lesson. n many
cases, partner organIzatIons would lIke theIr apprentIceshIps to focus on the
same WDW. The NatIonal ApprentIceshIp 0epartment can provIde guIdance on
partnershIp WDWs.
2. WDW TempIate - as was revIewed In the CItIzen Teacher TraInIng, the WDW
Template wIll help to understand the New 8asIc SkIlls that wIll be taught and
the products that wIll be created durIng the ApprentIceshIp.
J. WDW PIan - the WDW plan offers the scope and sequence of lessons that wIll
lead to WDW! n some cases, the actIvItIes for each lesson plan may need to
be altered or adapted.
4. Lesson PIans - at least nIne detaIled lesson plans are Included In thIs resource
guIde. These offer specIfIc actIvItIes, length of tIme to be spent on each
actIvIty and goals and objectIves for each lesson. Lesson plans also offer
guIdance on preparIng for each lesson.
5. AIternate ActIvItIes - for a varIety of reasons, the preestablIshed lesson plans
may not be suItable for a certaIn group. ThIs sectIon offers actIvItIes of varyIng
length that are suItable for dIfferent learnIng styles and group dynamIcs.
CUFF CULU| CU 0E

Page 5 of 62

CDNSI0EPATIDNS FDP THE CAhPUS 0IPECTDP
As the Campus 0Irector, your leadershIp Is Invaluable In creatIng a meanIngful
experIence for the CItIzen Teachers, Team Leaders and apprentIces usIng thIs
currIculum. As a manager, you need to ensure that the proper plannIng and
forethought goes In to the use of thIs currIculum and the plannIng of each lesson.
Therefore, It Is crItIcal that you revIew thIs guIde before handIng It over to your Team
Leader. Your leadershIp Is also needed In addressIng any Issues wIth the currIculum
that are encountered by the Team Leader and the CItIzen Teacher. t may be
necessary to alter lesson plans or actIvItIes to suIt the strengths and weaknesses of
Team Leaders, CItIzen Teachers or apprentIces. As a manager, you should use your
experIence, thIs guIde and the guIdance of the NatIonal ApprentIceshIp 0epartment to
make decIsIons that wIll lead to a successful ApprentIceshIp.
8elow Is a detaIled checklIst of thIngs to do before thIs apprentIceshIp begIns:

When ActIon Step Who does It Lessons It PeIates
to
8efore
ApprentIceshIp
FInalIze WDW date Campus 0Irector PrIor to CItIzen
Teacher traInIng
0urIng CItIzen
Teacher
FecruItment
0etermIne If weekly
sessIons wIll take
place at law fIrm or
at the school
Campus 0Irector
and Attorneys
PrIor to CItIzen
Teacher traInIng
8efore the
apprentIceshIp
starts
Secure
transportatIon to
and from law fIrms
(and the court
house for weeks 9
and 10)
Campus 0Irector Lessons 110
8y week 2 of
apprentIceshIp
Secure addItIonal
attorneys to help
students wrIte theIr
|ock TrIal talkIng
poInts
Attorneys Week 7
8efore recruItIng
CItIzen Teachers
Secure court room
for dress rehearsal
Campus 0Irector Week 9
8efore recruItIng
CItIzen Teachers
Secure court room
for WDW
Campus 0Irector Week 10
8y Week J Secure judges for
|ock TrIal
Attorneys Week 10
Start process durIng
CItIzen Teacher
recruItment
Secure jury
members for |ock
TrIal
Attorneys and
CItIzen Schools staff
Week 10

Page 6 of 62
8egIn process as
soon as you can
Secure volunteers
to help run the
|ock TrIals
CItIzen Schools Week 10
8y week 7 of
apprentIceshIp
Create judge and
attorney
recognItIons
CItIzen Schools Week 10

CDNSI0EPATIDNS FDP THE TEAh LEA0EP
As the Team Leader and CItIzen Teacher support, you play two crItIcal functIons to
help Impact student learnIng. The fIrst Is to provIde your expertIse In the fIelds of
lesson plannIng, youth development and classroom management to your CItIzen
Teacher and apprentIces each week. The second Is to communIcate effectIvely wIth
your CItIzen Teachers (CTs) to be sure that the planned actIvItIes are approprIate to
your apprentIceshIp group. DccasIonally, your or your CT may fInd that actIvItIes are
not approprIate due to group sIze, personalItIes or learnIng styles. n these
cIrcumstances, you should consult your Campus 0Irector and thIs guIde to help create
alternatIve actIvItIes and plans.

CDNSI0EPATIDNS FDP THE CITIZEN TEACHEP
As the CItIzen Teacher, you play two crItIcal functIons to help Impact student
learnIng. The fIrst Is to provIde your expertIse and passIon to the learnIng experIences
you provIde to students each week. The second Is to communIcate effectIvely wIth
your Team Leaders (TLs) to be sure that the actIvItIes you are plannIng are
approprIate to your apprentIceshIp group. DccasIonally, your or your TL may fInd that
actIvItIes are not approprIate due to group sIze, personalItIes or learnIng styles. n
these cIrcumstances, you should consult your Team Leader and thIs guIde to help
create alternatIve actIvItIes and plans.

Page 7 of 62

LESSDN STPUCTUPE LDCIC

ApprentIceshIp learnIng Is unIque In that It Is experIentIal, hands on and has real
applIcatIon for students and teachers. The lessons In thIs guIde have been
thoughtfully planned to created experIences that match these requIrements. |ost
have been successfully taught by at least one CItIzen Teacher. n many cases, there Is
preparatIon Involved In creatIng each lesson, therefore It Is crItIcal E7EFYDNE (CItIzen
Teachers, Team Leaders and Campus 0Irectors) revIew and dIscuss each lesson 8EFDFE
usIng It wIth apprentIces.

Each lesson follows the same basIc structure. The followIng Is a brIef descrIptIon of
the elements of a lesson plan and how to use them:

DvervIew: The fIrst page of the lesson plan overvIews the learnIng and lesson
objectIves for each lesson, gIves a snapshot of the agenda, lIsts preparatIon
and set up needs, vocabulary and materIals and equIpment needs.
ln sm: whct yo need to do to be prepcred for ths lesson.
PItuaI: ThIs Is typIcally a 510mInute long openIng actIvIty desIgned to
prepare students for the apprentIceshIp and get them In the mInd set of the
apprentIceshIp. The rItual should be used as a chance for students to get
settled and prepared for the apprentIceshIp. t can also be used to practIce
one skIll weekly that the apprentIces need to master for the WDW.
ln sm: et them excted cnd help trcnston to cpprentceshp tme.
Set Context: Usually fIve mInutes In length, the IntroductIon should
communIcate to students: whct they are goIng to learn and do (I.e. share
learnIng objectIves); why t s mportcnt to learn; how t relctes to theIr
progress towards WDW!; and how the learnIng wIll happen (I.e. share the
agenda). The IntroductIon Is also a tIme to clarIfy your expectatIons of
students durIng the lesson.
ln sm: dsplcy the cendc cnd tell them whct they cre don n ths sesson
cnd how t relctes to ther WDW.
3-4 Content ActIvItIes: |ost lessons have three or four content actIvItIes
that make up the bulk of the lesson (about 60 mInutes). These actIvItIes are
often preceded by a short IntroductIon to the skIll, usually through modelIng
or an explanatIon provIded by the CItIzen Teacher. t Is through the actIvItIes
that students further explore and practIce the new skIll. PractIce Is essentIal
for learnIng.
ln sm: ntrodce the skll or nformcton cnd let them prcctce t.
CIosInglTeach back: TypIcally lastIng fIve mInutes, the closIng Is an
opportunIty to summarIze and reemphasIze what students have learned and
why It Is Important. Student "teach backs" are the most Important part of
the closIng, as they allow you to assess the degree to whIch students have
accomplIshed the learnIng objectIves.

Page 8 of 62
ln sm: drve home the mcn pont of the lesson cnd
cssess how well stdents ccheved the lecrnn ob]ectves.

CT Nanc. TL Nanc. Canpus. Daic.

INSTRUCTIONS:
1. Plcasc placc a cIccl narl nci io cacI of iIc goals iIai you rcacIcd iIis
wccl.
2. Plcasc circlc your lcvcl of pcrfornancc in cacI of iIc arcas lisicd.
1Jusi Cciiing Siaricd 2Cciiing io WOW! 3WOW!
3. Upon conplciion, plcasc givc io your Tcan Lcadcr io Iclp iIcn lciicr
coacI you.
GUIDELINES FOR USING THE CITIZEN TEACHER WEEKLY SELF-ASSESSMENT

Who fills it out:
The Citizen Teacher

Preporo11on, 1ns1ruo11on, ond Co11oboro11on Goo1s Hou'd 1 do Todog?

My WeekIy PreparatIon 1 2 3
I sulniiicd ny next wccl's lcsson plan io ny ican lcadcr ioday so Ic1sIc can rcvicw wiiI nc.
I arrivcd on canpus lcforc ny ApprcniiccsIip llocl and rcady io icacI.

TeacbIng My Lesson 1 2 3
My lcsson nadc lcarning visual, pIysical and fun.
My lcsson includcd opcning and closing riiuals.
My lcsson providcd a cIancc io usc rcsourccs associaicd wiiI our ApprcniiccsIip iopic.
My lcsson includcd opporiuniiics io dcvclop and praciicc slills and vocalulary wiiI appropriaic
scaffolding and coacIing.
My lcsson includcd opporiuniiics io praciicc iIc 'ncw lasic slills' laid oui in ny WOW! plan.
I providcd clcar and ncaningful rolcs for siudcnis in iIc ApprcniiccsIip.
I providcd opporiuniiics for cacI siudcni io spcal pullicly.
I providcd opporiuniiics for siudcnis io worl in snall groups.
I olscrvcd cvidcncc of sirong icanworl during ny lcsson.

WorkIng wItb My ApprentIces 1 2 3
I lcarncd sonciIing ncw aloui ny siudcnis' livcs ioday.
I dcnonsiraicd ny lclicf in iIc unliniicd poicniial of ny Apprcniiccs.
I providcd supporiivc fccdlacl iIai rcinforccd ny Apprcniiccs aliliiy io lcarn and grow.
I uscd appropriaic languagc, including lody languagc, wiiI ny Apprcniiccs.

WorkIng wItb My Team Leader 1 2 3
I incorporaicd ny ican lcadcr's fccdlacl inio ny lcsson plan.
I aslcd for suppori on siraicgics for worling cffcciivcly wiiI iIc siudcnis.

Otber ObservatIons (use tbe back II necessary):

CItIzen Teacber WeekIy SeII-Assessment

Page 9 of 62
When:
Weekly at the end of each class. We recommend that the Citizen Teacher complete
the form during clean up, while the Team Leader or one of the other Citizen Teachers
supervises clean up or pack up.

If the Citizen Teacher asks to complete it later, it can be sent to them in electronic
format.

This means the Team Leader is responsible for following up and ensuring they
have the form in time for the weekly coaching session with the Citizen Teacher.

How to use the completed assessment:

1. Team Leaders
The CTs assessment will help you coach the Citizen Teacher more effectively.
Read the assessment before your weekly coaching session with the Citizen Teacher.
Combined with your observations, provide the CT with feedback on how they can
strengthen their teaching.
Refer to and use the Coaching strategies from your Citizen Teacher Support
Training.
Example1: For instance, if they indicate that they are not making learning
visual, physical and fun and they have a behavior problem, connect the two
things for them AND give them strategies for how to integrate my visual,
physical and fun things into their teaching to help them engage the students
more.

Example 2: If they indicate they are using opening and closing rituals, but only
rate themselves at a 1 on Howd I do Today?, this opens the way for you to
coach them on how to strengthen these areas of their lesson plans.
Share with your Campus Director, per their instructions.

2. Campus Directors and Regional Managers/Directors
CDs review your CT Weekly Self Assessments during the first three weeks with the
Regional Manager or Regional Director to help ensure a quality start to
Apprenticeships.

CDs check in weekly with the TLs on the strategies they are developing to support
their Citizen Teacher. Look for consistent areas of weak or non-delivery as places
where you can target your coaching of the TL as they support the Apprenticeship.

RDs/RMs send copies of partnership apprenticeship CT Weekly Self Assessments each
Friday to the National Apprenticeship Department.

Page 10 of 62

DESCRIPTION OF THE WOW

WOW Stamp of Approval

REAL:
1) Students showcase the legal skills they learned through trying a real case
2) The Mock Trial takes place in a real court room with a judge and jury

ADDS VALUE:
1) Mock Trials provide a powerful volunteer opportunity for attorneys and law firms that
make a positive impact on the academic and leadership development of middle school
students
2) Mock Trials engage families, school staff, business and civic leaders and other
stakeholders as volunteer jury members

PUBLIC:
1) Mock Trials are highly publicized events that invite the public to say WOW while
watching apprentice attorneys conduct a trial in a courthouse

TEACH BACK:
1) Students will teach back their legal skills while conducting a Mock Trial
2) Students will receive on-going feedback from attorneys every apprenticeship session
3) Students will receive feedback from the judge on the day of the trial

The Citizen Schools Mock Trial WOW! will allow students to showcase
their learning in front of real judge and adult jury in a court room. Students
will deliver all aspects of the trial including opening statements, direct and
cross examinations of witnesses and closing statements. Following the trial
the jury will deliberate and the judge will decide the verdict.

Page 11 of 62

Students will conduct a Mock Trial in the courtroom in front of a
judge and a jury

Students will need Attorneys will need Attorneys will need
to practice and know to assemble to assemble
their parts for the volunteers to be supporting evidence,
Mock Trial witnesses and the fact sheets etc.
bailiff
Getting to WOW! Template
Learning Objectives
2. New Basic
Skill
Students are able
to develop a clear
research question
and hypothesis
that connects to it

1. New Basic
Skill
Students are able
to speak loudly,
slowly and clearly
enough for the
audience to
understand
What do I want to teach?
I want to teach the students to
develop and present a
compelling case in a legal
setting.

W
O
W
!

P
r
o
d
u
c
t
s

n
e
e
d
e
d

f
o
r

t
h
e

W
O
W
!

2. New Basic
Skill
Students are able
to identify the
main idea of
something they
have read

Page 12 of 62

Week Stage
Lesson Objectives:
What do we need to
get done today?
Learning
Objective:
What will the
students learn
today?
Activities
1
Learn
new skills

MODEL
Students and lawyers
develop group norms
Students will decide on
a case to try
Students will increase
their understanding of
what lawyers do

Students are
able to speak
loudly, slowly
and clearly
enough for
the audience
to understand
Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
1. Mock Trial Team
Laws
2. 5 Ws
Exploration
3. Case selection

2
Learn
new skills

MODEL
Read and interpret the
case fact sheet
Identify the 5 Ws of the
case
Students will
understand the flow of
the Mock Trial
Understand the various
roles they can play in
the Mock Trial
Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
1. Legal Lingo
Review
2. Reading case
fact pattern
3. Mock Trial Relay
Race
3
Learn
new skills

MODEL
Students will use 5 Ws
to determine witnesses
theyll call for their
direct examinations
Understand the law
they need to know in
order to argue their
case
Understand burden of
proof as it relates to
their case
Students are
able to
identify the
main idea of
something
they have
read
Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
1. Celebrity 20
questions
2. Witness
selection
3. Understanding
case law and
burden of proof
WOW Plan

Page 13 of 62
4
Produce

SCAFFOLD
Review witness
affidavits and develop 5
Ws for direct
examination
Understand the role
direct examinations
play in a trial
Write a direct
examination for their
case
Students are
able to
identify the
main idea of
something
they have
read
Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
1. Attorney
introduction to
direct examinations
2. Witness 5 Ws
review
3. Writing direct
examinations

5
Produce

SCAFFOLD
Understand the role
cross examinations
play in a trial
Understand the
difference between
cross and direct
examinations
Write a cross
examination for their
case
Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
Students are
able to speak
loudly, slowly
and clearly
enough for
the audience
to understand

1. Attorneys model
cross examinations
2. Examine
differences
between direct and
cross examinations
3. Writing of cross
examinations
6
Practice

COACH
Understand the role
opening statements
play in a trial
Understand the role
closing statements play
in a trial
Draft an opening and
closing statement for
the case
Advocate for which role
they want to play in the
Mock Trial
Students are
able to
identify the
main idea of
something
they have
read
Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
1. Attorneys model
opening and
closing statements
2. Students write
opening and
closing statements
for the case
3. Students
choose their top 3
roles theyd like to
play for Mock Trial

Page 14 of 62
7
Practice

COACH
Review and increase
understanding of legal
terms theyve learned
Receive coaching on
writing their talking
points for the Mock
Trial
Students are
able to
identify the
main idea of
something
they have
read
Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
1. Legal Lingo
Jeopardy
2. Mock Trial
talking points
8
Practice

COACH
Finalize their talking
points for the Mock
Trials
Practice their speaking
part in small groups
Understand the flow of
the Mock Trial

Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
Students are
able to speak
loudly, slowly
and clearly
enough for
the audience
to understand
1. Students finalize
writing their Mock
Trial speaking parts
2. Small team
dress rehearsal
3. Mock Trial
overview
9
Practice

FADE
Dress Rehearsal for
WOW!
Become familiar with
the look and feel of the
courtroom
Develop excellent
public speaking skills
Do a Mock Trial dress
rehearsal

Students are
able to
develop a
clear research
question and
hypothesis
that connects
to it
Students are
able to speak
loudly, slowly
and clearly
enough for
the audience
to understand
1. Courtroom 5
Ws exploration
2. I see you-Speak
Up
3. Mock Trial dress
rehearsal

Page 15 of 62
10
Perform

FADE

WOW!

Page 16 of 62
Lesson # 1
Name of the Apprenticeship: Citizen Schools Citizen Schools Mock Trials
Name of the Citizen
Teacher/Law Firm or Agency

Pre-Planning

Lesson Objectives: What do we need to get done today?
By the end of the lesson, the students will:
1. Students and lawyers will develop group norms and trust.
2. Students will decide which case to try.
3. Students will be excited about learning how to be lawyers.
Learning Objectives: What will the students learn today?
By the end of the lesson, the students will have learned:
1. Students are able to speak loudly, slowly and clearly enough for the audience to understand.
2. Students are able to develop a clear research question and hypothesis that connects to it.
Agenda based on the lesson plan. Post in the room for the students to see.
1. Opening Ritual
2. Review Agenda and Set Context
3. Activity: Mock Trial Team Laws
4. Activity: 5 Ws Exploration
5. Activity: Introduction to case choices
6. Closing and Teach Back
7. Clean up
10 Minutes
5 Minutes
25 Minutes
15 Minutes
20 Minutes
10 Minutes
5 Minutes
Preparation and Space Set up:
Provide 1 legal pad for each student.
Have a large table/space big enough for everyone to sit together.
Be in the room when students arrive.
Be sure to set up seating so it alternates attorney/students.
Select two cases for the Mock Trials and be prepared to introduce these cases to students.
Prepare puzzle pieces for each participant from a poster board for the first activity.
Vocabulary What terms or concepts will you introduce in this session? Post these for the students to see.
Law
Attorney
Lawyer
Respect
Courtesy
Professionalism
Focus
Close ended Question
Open ended Question
5 Ws who, what, when, where, how/why

Page 17 of 62
Materials and Equipment
Legal pad for each student
Mock Trial 3-ring binder for each student with the following sections (Case materials, vocabulary, open ended
questions, close ended questions, direct examinations, cross examinations, opening statements, closing
statements
Flip chart and markers to begin creating a legal vocab list
Props for the 5 W's Exploration
Puzzle pieces, markers, scotch tape
Flipcharts as described in the activities below (vocabulary for team laws, five Ws flipcharts, etc.)

Page 18 of 62
Lesson # 1
Planning the Lesson
Opening Ritual (It should be tied to the focus of your
Apprenticeship and this session if possible)
Time: 5 Minutes
Post the following on a piece of flip chart: "What is one movie or TV show that you've seen that has to do
with lawyers or court?

Have each student and attorney stand and answer the question by stating, "may it please the court, my name
is"

Speak Up: Remind students to speak Slowly, Clearly and Loudly!
Have 1 student and 1 attorney be volume control (for more information on this, see "tips of the trade" on p.
XX.)

Set the Context and Review Agenda Time: 10 Minutes
Provide Apprentices with a visual agenda written on flipchart paper and taped up in the classroom
ACTIVITIES (Please factor a 5 minute break in the middle of 1
activity or in between 2 activities)
Time: 60 minutes
Activity 1: Team Laws Time: 25 minutes
Includes demonstration, guided practice, individual or group practice. Be sure and link to your learning
objectives.

Put up a flipchart with the word VALUES at the top
and with the following words on it. Explain that as a
group we are going to create our own Team Laws
based on these values.
Law
Respect
Professionalism
Courtesy
Focus

Divide the group into pairs (or groups of three) with
one student and one lawyer in each group.

Give each person (students and attorneys) a puzzle
piece. As a group, they select one of the values on the
flipchart (respect, professionalism, courtesy or focus)
and write it on one side of their puzzle piece.

Each person writes the following 3 things on their one
Objective
To create a set of shared norms and values that will
govern group behavior

Page 19 of 62
puzzle piece:
1) Their name
2) A skill/positive characteristic they bring to the
group
3) How they can show the value on their puzzle piece
**Attorneys should discuss things like courtroom
behaviors, courtroom language, the importance of
standing when you speak, etc.

Allow 4 minutes to complete the puzzle pieces. When
all the pieces are ready, students work together to put
the puzzle together. Attorneys can help if time
becomes an issue.

Each pair or group shares their values and how they
will show it.

6. Explain to the group that we are going to live up to
these values to make sure that we are successful as a
team and as individuals. Hang the Team Laws up
each session and remind group of their shared values.
Activity 2: 5 W's Exploration Time: 15
objectives.
Before the lesson, identify one volunteer
(preferably not someone working with the
students) to participate in this activity.

Tell the students that you are going to review fact
patterns from different cases so that the group can
decide on a case
Define fact pattern both verbally and visually
(The volunteer runs into the room, grabs an attorney's
possession and runs out of the room.)

5 W's Exploration
Tell the students that you need their help to figure out
this crime. You are going to ask them both open and
close ended questions to find out all the important
information to solve this case. Introduce the five Ws
(who, what, where, when, why) using a flipchart.

Use another flipchart to define open and close ended
questions. Provide examples of each.

Using the flipchart, model open and close ended
Objective
To provide a fun activity to highlight the importance
of the 5 W's - who, what, when, where, why/how
To model data collection methods

Page 20 of 62
questions by asking the students questions about what
just happened in the room.

Review the collected data and explain that this is the
fact pattern for this crime.
Activity 3: Presentation of cases Time: 20 Minutes
objectives.
Explain that the students will now listen to two court
cases, and choose one case which they will use for
their Mock Trial.

Explain how the students will vote. After the
presentations they will vote for their favorite case.
Students will vote by walking to the number case that
they are most excited about (Case 1 is against one
wall, Case 2 an opposite wall). Each team gets to
come up with 3 arguments to convince the other team
to join your side. The majority of votes wins. If there
is still a tie it can be broken by a toss of a coin or by
having the Team Leader cast the tie-breaking vote.

Present the cases making them fun and interesting by
using role plays, props, costumes, etc. (for more tips
on this, see Tips of the Trade section p. XXX). (This
should take ten minutes at the most.)

have the students vote and declare the winning case.
To work as a group to select our court case from two
choices.

Page 21 of 62

Closing & Teach Back Time: 10 Minutes
Review what you covered in this session and tell them what is coming for the next session. Be sure students
learned by having one or more of them teach back.
Distribute the ringed binders with their dividers. As a group, review each of the sections of the binder. Explain
to students that at the end of every session they will have time to organize their binders, filing their papers
under the right divider. This will help them stay organized and to keep their information in order. Let them
know that organization is a very important skill for lawyers and helps them keep track of the information they
need to create the best case possible.
Conclude by asking the students as a group to answer the following questions:
What are the 5 Ws and why are they important to lawyers?
What is the name of the case we will be working on?

Clean Up Time: 5 Minutes
What roles can you designate for each student to build team accountability?
Team Leaders organize clearn up, having students place their legal pad and their binder with all necessary
supplies in a designated location.
One of the Citizen Teachers completes the CT Weekly Self-Evaluation to give to the Team Leader at the end
of class.

Page 22 of 62

Lesson # 2
Name of the Apprenticeship: Citizen Schools Mock Trial
Name of the Citizen
Teacher/Law Firm or Agency

Pre Planning
1. Read and interpret the case fact sheet.
2. Identify the 5 W's of the case.
3. Understand the flow of the Mock Trial.
4. Understand the various roles they can play in the Mock Trial.
1. Students are able to develop a clear research question and hypothesis that connects to it
. Opening Ritual 10 Minutes
2. Review Agenda and Set Context 5 Minutes
3. Activity: Legal Lingo Development and Review Laws 15 Minutes
4. Activity: Reading the case fact pattern 35 Minutes
5. Activity: Mock Trial Relay/Overview of roles 10 Minutes
6. Closing and Teach Back 5 Minutes
7. Clean up 5 Minutes
Attorneys work with the Team Leader to split the group into defense and prosecution groups. Groups should
be split based on students strengths and behavior
Sit around the table alternating attorney/student/attorney.
Students sit next to their assigned attorney.
Create materials for the Mock Trials Relay Race (see resource section)
Please see Tips of the Trade section for tips on effectively teaching vocabulary terms
Fact pattern
Civil versus criminal cases
Innocent until proven guilty
v./versus
Defense
Defendant
Prosecutor
Verdict
Innocent
Guilty
Case
Plaintiff
Defendant

Page 23 of 62
Case fact pattern for each student on paper with holes so it can go into the binder
Flip chart paper and markers
Legal pad for each student
Mock Trial Relay Race Kit (see resource section)

Page 24 of 62
Lesson # 2
Planning the Lesson
Opening Ritual (It should be tied to the focus of your Apprenticeship
and this session if possible)
Time: 5 Minutes
Post the following question on a flip chart "How many brothers and sisters do you have?"

Have each student and attorney stand and answer the question by stating "may it please the court my name is."

Speak Up: Remind students to speak Clearly, Slowly and Loudly!
Have 1 student and 1 attorney serve as volume control.

ACTIVITIES (Please factor a 5 minute break in the middle of 1 activity
or in between 2 activities)
Time: 60 minutes
Activity 1: Legal Lingo Development Time: 10 Minutes
Includes demonstration, guided practice, individual or group practice. Be sure and link to your learning objectives.

Let students know that it is very important to use "courtroom"
manners. That is why we will say phrases such as "may it
please the court" explain when and why this is used. This is a
good time to review the team laws from last week.

When we speak we will introduce ourselves as an attorney
would in court and in front of a judge (May it please the court,
Your honor my name is ______ and I am an attorney for
________).

Review the flipchart with the vocabulary list. Use the list at
the beginning of this lesson, and identify other key vocab
words for the trial and post vocabulary terms visually
(attorneys should adjust the vocabulary terms according to the
case).

Ask students to define and provide examples from real cases or
television shows that they are familiar with. After they
provide an answer for each word/phrase, provide them with the
correct definition.

Tip: Try to build on a the language students use. For
Objective
To build students understanding of legal
terminology

Page 25 of 62
example, if a student says "A client "A client is a person who
hired a lawyer." Say "yes, a client is a PERSON that the
LAWYER works with " "Another name for a LAWYER is an
ATTORNEY."

Activity 2: Reviewing the fact pattern for the case Time: 35

Have an attorney read the name of the chosen case, for
example Cook v. Boston Central Charter School. Ask
apprentices what predictions they can make from the name of
the case by asking leading questions:
zazHow many names are in the caption?
Whose name is first? The plaintiff or defendant?
What is in the middle of the title between the two
names? The v. stands for versus and shows the two
opposing sides in the case (a review of todays vocabulary).

Explain that the title also usually indicates the type of case
(civil or criminal) and how you can tell that.

Ask the students to identify which type of case (civil or
criminal) Cook v. Boston Central Charter School is and who is
on each side (plaintiff and defendant).

Have an attorney read the fact pattern like a good story.
Attorneys should ask questions after each paragraph to assess
for student comprehension.

Tell the Apprentices that the facts of our case can be reviewed
by answering 5 W's questions.

On the flip chart, write the 5 Ws (Who, What, When, Where
and Why/How) (There is a 5Ws worksheet inthat can
be a template for this flip chart.)

Break the group into 5 teams-each team should have a
different colored magic marker (1 for each person)

Have a person from each team stand in front of one of the 5
W's flip charts that are spread throughout the room.

Tell the students they will have 1.5 minutes at each station to
write any information they remember from the fact pattern
Objective
To ensure that students know the 5 W's of their case
To practice reading for understanding and
interpretting data

Page 26 of 62
that is appropriate to the flip chart (so anything that has to do
with WHO for example).

After every student has been to each 5 W's station do a group
debrief. Highlight when students gave specific information.
During the debrief students should fill in their Case 5 W's
worksheet (see resource section.)

Conclude by reminding the Apprentices that this is the way
lawyers organize information about a case.

Make sure students place all of their materials in their binders
and remind them that they will be using the 5 W's for their
case and witnesses every week!

Activity 3: Parts of a Mock Trial Relay Race Time: 10 Minutes

Begin by splitting the team in 2 groups "Defense and
Prosecution." Explain that these will be the groups that the
students break into for the rest of the apprenticesihp and the
side they will take in the Mock Trials.

Determine a starting line and ending line. At the ending line
tape/secure the "Parts Of A Trial Outline Sheet" (see resource
section p. XXX). At the start line tape/secure the various
components of a Mock Trial--make sure you mix these up and
post them randomly. If space is an issue, you can do this as a
seated relay race.

The goal of this activity is to be the first team to successfully
fill in their Parts Of A Trial Outline Sheet.

Post and review the guidelines for the relay in the front of the
room:
1. Only 1 person per team can cross the starting line at a time.
2. Players can only carry 1 Mock Trial component card at a
time.
3. BE SAFE: No running, watch out for other people etc.
4. Once the team thinks their Mock Trial Outline is complete
they must sit down and be silent.

Post an outline of the components of a Mock Trial and walk
through this with the students. Explain it will be covered for
the relay race. Give the students some time to look at it before
Objective
To provide students with an understanding of the
components and sequence of a Mock Trial

Page 27 of 62
covering it.

When the race is over, attorneys check to make sure the outline
is correct, any incorrect card placements will be taken off the
outline and the team will need to fix their outline--once they've
made the corrections they sit silently and attorneys check for
accuracy.

The first team to successfully complete their Parts Of A Trial
Outline Sheet Wins.

Review what you covered in this session and tell them what is coming for the next session. Be sure students learned
by having one or more of them teach back.

1. Ask students to name the various roles lawyers play in the Mock Trial.
2. Ask students to name the 5 W's of their case (keep these posted visually).

Have students place their legal pad and binders with all necessary supplies in a designated location.
Team Leader assists with clean up.
One Citizen Teacher completes the CT Weekly Self-Evaluation.

Page 28 of 62

Lesson # 3
Name of the Citizen Teacher/Law
Firm or Agency

Pre-Planning

1. Use the 5 W's of the case to determine witnesses theyll call for their direct examination.
2. Understand the law they need to know in order to argue their case.
3. Understand burden of proof as it relates to their case.
1. Students are able to identify the main idea of something they have read.
1. Opening Ritual
3. Activity: Celebrity 20 Questions
4. Activity: Witness Selection
5. Activity: Understanding case law and burden of proof
7. Clean up
10 Minutes
5 Minutes
15 Minutes
30 Minutes
15 Minutes
5 Minutes
5 Minutes
Sit alternating attorney/student/attorney. Students sit next to their partner attorney.
The team laws should be posted visually.
Prepare multiple copies of each witnesses affidavit.
Affidavit
Defense
Prosecution
Burden of proof
Reasonable Doubt
Preponderance of the evidence
Flip chart and markers
Legal and binder for each student
Copies of witness affidavits

Page 29 of 62
Lesson # 3
Planning the Lesson
Time: 5 Minutes
Post the following question on a flip chart, what languages are spoken in your house?

Have each student and attorney stand and answer the question by stating may it please the court, my name is..

Remember to have 1 student and 1 attorney serve as volume control.

Provide Apprentices with a visual agenda written on flipchart paper and taped up in the classroom.
or in between 2 activities.)
Time: 60 minutes
Activity 1: Celebrity 20 Questions Time: 15 Minutes
Choose 2 attorneys to play a famous person (this person should
be both age and culturally relevant). Tell students that
lawyers need to be able to ask good questions, to listen to the
answers and to interpret what people say. This activity will
help us develop these skills.

Break students into 2 groups "defense" and "prosecution" and
remind them that these are their groups for the Mock Trial. In
small groups students work together to guess who the
"celeberty attorney" is.

Every student must ask a question. Before they ask their
question they say their name and what side they represent--
defense or prosecution. Students can ask their team for help in
asking questions, but the student speaking must ask the
question. The group only gets 20 questions.

At the end of the exercise, explain that today students will read
affidavits (define the word for them) to determine which
witnesses will be part of their case.

Objective
To develop students ability to ask questions that lead
to relevant information

Activity 2: Witness Selection Time: 30 Minutes

Page 30 of 62
Students remain in the defense and prosecution teams, but
work 1:1 with the attorneys. Starting from this point, the
students will be partnering as much as possible with the same
attorney every time. Each group has copies of every affidavit.

Remind the Apprentices that the facts of our case can be
organized by answering 5 questions. Refer to the 5 Ws
(Who, What, When, Where and Why/How) and the answers
that the students gave last week when they applied the 5 Ws to
our case.

Distribute affidavits.
Explain what an affidavit is: a written statement made
under oath by a witness.
Explain that our affidavits will describe the following
information: 1) name of the person providing the affidavit, 2)
his/her relationship to the Plaintiff or Defendant, 3) his/her
statement of the incident as he/she saw/heard it occur and 4)
his/her opinion of the Plaintiffs/Defendants innocence or
guilt.

The prosecution/plaintiff and defense/defendant groups work
with their attorneys work on half of the affidavits associated
with the case.
Have attorneys read the affidavits to their small groups.
Have students identify key facts that support the plaintiff and
circle key facts that support the defendant. Attorneys should
stop reading after each paragraph to check for understanding
and make sure students have identified key information.
Explain that they will be responsible for stating the
facts in their affidavit to the rest of the group.

For each affidavit, write the name of the witness and the 5 Ws
on a piece of flipchart paper. Ask the student to record their
key facts on the flipchart by the one of the appropriate 5 Ws
for that witness.

Ask the student whether the witness supports the plaintiff or
the defense in our case?

Objective
To develop reading and data analysis skills
To identify key witnesses for the trial
Activity 3: Understanding the cases law and burden proof Time: 15 Minutes

Page 31 of 62
Write the law that is of relevance to the case on a flip chart and
highlight any key words to help increase students
understanding of the law.

Ask students to explain how the law relates to their casehave
them give specific examples related to the 5 Ws.

Provide an overview of the burden of proof and explain how it
relates to the case.
Explain that the preponderance of evidence standard is
satisfied in a civil case if there is more than a 50%
chance that a proposition is true.
Explain that the beyond a reasonable doubt standard is
satisfied if a reasonable person would not doubt that
the proposition was true.

Objective
To make sure students understand the law that is
guiding their case
For students to understand the burden of proof as it
relates to arguing their case
Review what you covered in this session and tell them what is coming for the next session. Be sure students learned by
having one or more of them teach back.
Have 1 student from each student teach back the difference between defense and prosecution?

Students answer these questions:
What is an affidavit?
What is burden of proof?
What does 'beyond reasonable doubt' mean?

Have students put their legal pads and binders away in the designated space.

Page 32 of 62

Lesson # 4
Firm or Agency

Pre-Planning

1. Review relevant materials and brainstorm 5 W's for direct examination.
2. Understand what makes for a high quality direct examination.
3. Will work on writing direct examinations for their case.
1. Students are able to independently develop and think through the main idea for a written piece.
1. Opening Ritual
3. Activity: Introduction to direct examinations
4. Activity: Witness 5 W's Review
5. Activity: Writing direct examinations
7. Clean up
10 Minutes
5 Minutes
35 Minutes
10 Minutes
20 Minutes
10 Minutes
5 Minutes
Sit alternating attorney/student/attorney.
Prepare multiple copies of witness affidavits on paper with holes so that students can put them into their binders.
Direct examination
Open ended questions
Close ended questions
Reasonable doubt
Preponderance of the evidence
Affidavits for each witness
The 5 W's worksheets for each witness that the students completed

Page 33 of 62
Lesson # 4
Planning the Lesson
Time: 5 Minutes
Post the following on a flip chart "If you could go on vacation anywhere in the world, where would you go.

Every student and attorney answers the question by starting "may it please the court, my name is .."

Have 1 student and 1 attorney act as volume control.

Time: 60 minutes
Activity 1: Introduction To Direct Examinations Time: 35 Minutes

Ask the students to divide up into Plaintiffs and Defendants
counsel (2 small groups). Remind the students why we
examine witnesses instead of only having them submit
affidavits to the court.

Tell the students that the jury will decide on the case by
reasonable doubt (ask for students to teach back what this
means--give immediate feedback and build on their definition).
Ensure that the students understand what they need to prove.

Introduce Direct Examination (Definition: Open-Ended
Questions that encourage the witness to talk and explain what
happened.). Tell the students that one way to conduct a direct
examination is to form questions that begin with the 5 Ws.
Give a demo of an open-ended question and ask a student to
answer it. Point out that the student answered the question by
explaining what happened.

Another attorney serves as a witness from the actual case.
Provide an example of an open-ended question for the witness
and the witness provides an answer. Ask the students what
word made the question open-ended (it should be one of the 5
Objective
To provide an overview of direct examinations and
model this skill

Page 34 of 62
Ws).

Ask for examples of direct examination questions from the
students to ask the witness. (Poor questions can receive poor,
one word answers from the witness or no answer at all until the
question is correctly formed).
*Tips of the trade: One way to engage more students in this
activity is to have students who are not speaking show whether
or not a question is open or closed by using their arms. An
open ended question would be represented by creating a circle
with their arms, and close ended questions would be shown by
creating an X with their arms.

Activity 2: Review Witness 5 W's Time: 10 Minutes

Students should remain in defense and prosecution groups.
Teams should review each witness and the 5 W's that connect
to their witness--using the sheets they created last week.

As a team, students should do a quick review of each witness
and the relevant 5 W's for that witness. Have the students split
up the witnesses amongst themselves and then create the direct
examination questions for their assigned witnesses.
Objective
To review relevant information that will help students
formulate excellent direct examination questions
Activity 3: Writing of Direct Examination Questions Time: 20 Minutes

Attorneys work 1:1 or in small groups with students to create
the direct examination questions for their assigned witnesses.
(Ideally there should be no more than 3 students per attorney).
Attorneys review open ended questions and model a open
ended question relevant to the student's witness.

Students brainstorm a open ended question for each of the 5
W's.Attorneys coach students in writing their question--
encourage good legal terminology/phrasing.

Students ask their attorney their questions using oral
presentation skills (speak loudly, clearly, slowly, good eye
contact and strong posture).

Attorneys model the type of answers you are looking for in a
direct examination, pointing out what is a useful/not useful
answer. Attorneys provide students immediate feedback on
Objective
To analyze data and create relevant questions based
on that data
To develop an understanding of open ended questions
To strengthen public speaking skills

Page 35 of 62
their questioning and public speaking skills.
Ask the students:
Why is it important to ask open ended questions when delivering a direct examination?
Ask students what you are trying to get a witness do do when asking open ended questions? (You want them to tell
their story.)
Have a student from defense and prosecution model 1 question that they created.
How can you use open ended questions in school and other parts of your life?

Tell students that next week they will learn how to deliver a cross examination!

Students should put their folders and binders in the designated area.

Page 36 of 62

Lesson # 5

Firm or Agency

Pre-Planning

1. Undeisland lhe puipose of cioss exaninalions
2. Understand the difference between direct and cross examinations
3. Work with attorneys to write cross examination questions for their case
1. Students are able to speak loudly, slowly and clearly enough for the audience to understand
1. Opening Ritual
3. Activity: Cross Examination modeling/overview
4. Activity: Cross Vs. Direct Examinations
5. Activity: 1:1 direct examination coaching
7. Clean up
10 Minutes
5 Minutes
30 Minutes
15 Minutes
20 Minutes
5 Minutes
5 Minutes
Prepare a T Chart to compare and contrast direct and cross examinations.
Print multiple copies of witness affidavits.
Do all photocopying on paper with holes.
Direct examination
Cross examination
Open ended questions
Close ended questions
Witness affidavits and identified 5 Ws
Visual showing excellent Speak Up! (oral presentation) Skills

Page 37 of 62
Lesson # 5
Planning the Lesson
Time: 5 Minutes
Post the following on a piece of flip chart paper. My favorite meal that my family cooks is

Have each student and attorney stand and answer the question by stating may it please the court, my name is.


Time: 60 minutes
Activity 1: Modeling Cross-Examination Time: 30 Minutes
Divide the students into Plaintiffs and Defendants counsel (2
small groups).

Remind the students why we examine witnesses instead of
only having them submit affidavits to the court. Tell the
students that the jury will decide on the case by a
preponderance of the evidence (explain what this means).
Ensure that the students understand what they need to prove.
This could be a good opportunity to model cross-examinations
through watching a great, SHORT law scene from a movie or
television program.

Introduce Cross Examination (Close-Ended Questions that
encourage the witness to answer in one word such as yes and
no). Tell the students that one way to conduct a direct
examination is to form questions that begin with the 5 Ws
questionst aht begin with who, what, when, where, why/how.
Give a demo of an close-ended question and ask a student to
answer it. Point out that the student answered the question by
providing a yes or no answer.

An attorney serves as a witness from the actual case. Provide
an example of an close-ended question for the witness and the
witness provides an answer. Ask the students which of the 5
Objective
To increase students understanding of why lawyers
do cross examinations
To expose students to excellent cross examinations

Page 38 of 62
Ws made the question open-ended. Ask the students how the
closed-ended question began.

Ask for examples of cross examination questions from the
students to ask the witness. (Poor questions can receive poor
answers from the witness or or answers that helped the other
side in the trial.)
Activity 2: Cross Examinations Vs. Direct-Examinations Time: 15 Minutes
Tell the group that you are going to review the difference
between cross and direct examinations. Attorneys should
model some direct and cross examinations and have students
identify which is which by using their gestures (see Tip of the
Trade p. XXX). Draw a T-Chart on a flip chart with Cross
Examination and Direct Examinations on either sideexplain
to students that they need to identify.

Attorneys ask probing questions to guide students in
identifying the differences between direct and cross
examinations. Write students responses under the appropriate
category direct or cross. Make sure that students
understand the difference between the two by checking for
understanding.
Objective
To ensure that students understand the difference
between cross and direct examinations
Activity 3: Small Group Cross Examination Coaching Time: 20 Minutes
Attorneys and students work 1:1 or in small group. .
Attorneys coach students to remember the 5 Ws of their
witness by asking open ended questions. Students can use the
affidavits if necessary

Attorneys review close-ended questions and model a close-
ended question relevant to the student's witness.

Students brainstorm a close-ended question for each of the 5
W's. Attorneys highlight that during the cross examination
you want witnesses to answer yes or no and not tell a
story. Model how attorneys will say Yes or no when
conducting a cross examination. Attorneys coach students in
writing their question--encourage good legal
terminology/phrasing.

Students ask their attorney their questions using oral
presentation skills (speak loudly, clearly, slowly, good eye
contact and strong posture).
Objective
To provide students with the opportunity to write
their own cross examination questions

Page 39 of 62

Attorneys model the type of answers you are looking for in a
cross-examination. Attorneys provide students immediate
feedback on their questioning and public speaking skill.
Ask the students:
What are you trying to get a witness to do when you ask close ended questions? (Answer yes or noto help you prove
your point.)
Ask students 3 things that lead to an excellent cross examination.
Have a student from the defense and prosecution share 1 of their questions.

Have students put their legal pad and binder in the designated area.

Page 40 of 62

Lesson # 6
Firm or Agency

Pre-Planning

1. Understand the importance of an opening statement and what makes an opening statement effective.
2. Understand the importance of a closing statement and what makes a closing statement effective.
3. Draft a closing and opening statement for their case.
4. Advocate for which role they want to play in the Mock Trial.
1. Students are able to identify the main idea of something they have read
1. Opening Ritual
3. Activity: Introduction to opening and closing statements
4. Activity: 1:1 opening and closing statement coaching
5. Activity: Mock Trial role advocacy
7. Clean up
10 Minutes
5 Minutes
30 Minutes

25 Minutes
10 Minutes
5 Minutes
5 Minutes
Make multiple copies of witness affidavits.
Do all photocopying on paper with holes so they can go into the binders.
Closing statement
Opening statement
witness affidavits and 5 W's work sheet

Page 41 of 62
Lesson # 6
Planning the Lesson
Time: 5 Minutes
Post the following question on a piece of flip chart paper. What is your dream job?

Have each student and attorney stand and answer the question by stating, may it please the court, my name is..


Time: 60 minutes
Activity 1: Introduction to Opening Statements Time: 30 Minutes
Explain the purpose and structure of opening statements.

Outline the parts of an opening statement:
An opening statement is not an argument.
It creates a roadmap for the jury of the evidence that
will be cited by each side throughout the case.
It includes names of witnesses specific to the case.
It introduces who and what was involved.
It explains where, when and how the incident
happened.
Explain why the case is happening based on the side
you are representing (plaintiff/defense).

Modeling an opening statement
Ask the students to listen carefully to what the attorney says
when he/she models his/her opening statement and what
examples he/she uses to prove his/her point. Have one of the
attorneys deliver an opening statement from the students case
while standing and facing the jury (modeling courtroom
demeanor and oral presentation skills).

Ask students to listen and note the relevant information by the
appropriate 5Ws question word. Afterwards, ask students to
stand up and volunteer information--record this information on
Objective
1. To provide students with an overview of opening
statements and their importance to a trial
2. For attorneys to model an excellent opening
statement for students

Page 42 of 62
a flip chart. Ask if any students can teach back the structure
of an opening statement.

1:1 or small group writing
The Attorney models the greeting and introduction to be used
in an opening statement.
Students work with their attorney to practice the
greeting and introduction.
Give students immediate feedback.
When the students have formed a well-crafted greeting
and introduction in their own words, all attorneys should help
the student write the greeting and introduction down.

Next, introduce the jury to a summary of the relevant
information. Repeat the steps above.

Remind the students of helpful language: phrases such as You
are going to hear from these witnesses and The evidence
will show and specific names of witnesses.

Ask one student to volunteer to practice delivering his/her
opening statement. Encourage students to make eye contact,
command respect and attention from the jury, and convey
passion while reading the opening statement.

Give feedback on both their content and public speaking.

Explain that that Mock Trial, the opening statement will be
delivered from a set of talking points or notes on cards rather
than read from a piece of paper. Express your confidence in
their ability to master and opening statement and to deliver it
from talking points. Ask them how many songs they have
memorized and connect this skill to the ability to prepare and
deliver an opening statement without reading it.

DEBRIEF
Have 1 student from each team read their opening statement.
The entire group (all students and attorneys) should sit
together to portray the jury. The jury provides feedback on
each of the two statements.
Activity 2: Introductions to Closing Statements Time: 25 Minutes

Page 43 of 62
Ask the students what they think a closing argument is.

Use a flipchart with a definition to explain the purpose and
structure of a closing argument.

Using a flipchart, outline the parts of a closing argument and
note the similarities and differences between opening
statements and closing arguments (this will be in a handout
found in the resources ssection ask a student to read the
handout to the group).

Model a closing argument from the Mock Trial case and ask
students for their observations.

1:1 or small group closing statement writing
Break groups into defense and prosecution teams. Assist
students with writing their own closing argument. Proceed
using the following steps:

Attorney models the topic sentence to be used in a
closing argument to entire small group.
Ask some students to volunteer to practice the topic
sentence.
Give students immediate feedback.

BREAK INTO 1:1 coaching.
When the students have formed a well-crafted topic sentence
in their own words, all attorneys should help the students
sitting next to them to write the topic sentence down.

Next, remind the jury of the relevant testimony from the
witnesses supporting your side. Repeat the steps above.

Remind the students of helpful language: phrases such as All
of the evidence shows and We hope that you find the
defendant It is appropriate for these phrases to be in the
students own words.

Ask one of the students from each team to volunteer to
practice delivering his/her closing argument. Encourage
students to make eye contact, command respect and attention
from the jury, and convey passion while reading the closing
argument.
Objective
To help students develop their closing statement
To strengthen writing skills
Activity 3: Mock Trial Role Advocacy Time: 10 Minutes

Page 44 of 62

Explain to students that they have now learned all of important
roles needed to conduct an excellent Mock Trial. Ask students
to review the different parts of a Mock Trial (reference the
Mock Trial game), providing clarity and more information so
that students understand each role

Tell students they will have 3 minutes to write the 3 roles they
are most excited to play: Their top choice is 1, 2
nd
choice 2
and 3
rd
choice 3 (see role selection sheet in resources section).
Make sure students know that they might not get their first
choice, but all the roles are very important.

Tell them that attorneys will take their feedback, talk to the
Team Leader and make a decision based on what is best for the
team. They will know their assignments next week.
Objective
To provide students voice and choice in their role in
Mock Trial
To simplify the process of selecting student roles
Ask students to:
1. review each part of a Mock Trial and what they do.
2. name 3 components of an excellent closing statement.
3. name 3 components of an excellent opening statement.

Students should put their legal pads and binders in the designated area.

Page 45 of 62

Lesson # 7
Firm or Agency

Pre-Planning

1. Review all legal terms they've covered in the apprenticeship.
2. Receive coaching on writing their part of the Mock Trial.
2. Students are able to identify the main idea of something they have read
1. Opening Ritual
3. Activity: Legal Lingo Jeopardy
4. Activity: Announcement of Mock Trial Roles
5. Activity: 1:1 Mock Trial role coaching
7. Clean up
10 Minutes
5 Minutes
20 Minutes
5 Minutes
40 Minutes
5 Minutes
5 Minutes
Create the Legal Lingo Jeopardy game.
Attorneys recruit additional volunteers to ensure that students can work 1:1 with an attorney while crafting their
speaking partsthis is a key week for ensuring a successful apprenticeship.
Make multiple copies of witness affidavits.
See Legal Lingo Jeopardy game in resource section.
Legal Lingo Jeorpardy set (see resource section).

Page 46 of 62
Lesson # 7
Planning the Lesson
Time: 5 Minutes
Post the following question on a piece of flip chart paper. "What is 1 legal term that that you've learned during this
apprenticeship"

Have each student and attorney stand and answer the question starting with, "may it please the court, my name is."

SPEAK UP! REMIND STUDENTS TO SPEAK CLEARLY, SLOWLY AND LOUDLY!

Time: 60 minutes
Activity 1: Legal Lingo Jeopardy Time: 20 Minutes

Split the group into 2 teams "Defense" and "Prosecution."
Show students the Legal Lingo Jeopardy board that is posted
in a place where both teams can clearly see it.

Use a flipchart to review the guidelines:
1. Flip a coin to see which team goes first.
2. Teams choose 1 category and 1 point value (for example
Types of Cases for 300).
3. Each team has 15 seconds to come up with an answer.
4. If the team gets the correct answer they get the points, if the
do not the other team can answer it, they have 5 seconds to
answer it.
5. If a team gets the answer they choose the next category. If
no team gets it, the opposite team chooses the next category.

Provide clarification for any terminology that students do not
know or of which they need to strengthen their understanding,
Focus on this vocabulary over the weeks leading up the Mock
Trial.
Objective
To provide a fun activity that reinforces the legal
lingo that students have learned during the
apprenticeship
Activity 2: Announcement of Mock Trials roles Time: 5 Minutes

Page 47 of 62

Break the group into defense and prosecution teams. Explain
to students that you've tried to honor their choices and that
every role is important in the Mock Trial.

Announce the role to which each student has been assigned.

Once you've announced each students role, have the group
transition to 1:1 coaching.
Objective
To prepare students for their individual roles in the
Mock Trial.
Activity 3: Mock Trial Role Coaching Time: 40 Minutes
Ensure each student knows his/her role during the Mock Trial.
Review the themes/arguments that each team brainstormed last
session. Attorneys work 1:1 with their student to assist them
in writing talking points for their roles during the Mock Trial.
(Refer to the packet of handouts to refresh students
memories).

Encourage the students to use the concepts that they have
learned in the last 5 weeks regarding opening statements,
direct examination, cross-examination and closing arguments.
Tips of the Trade:
Dont write a script for students, find ways to coach
them to write a professional piece that comes from
their own language.
Attorneys should take notes while students dictate their
parts and then edit any writing together.
Help them incorporate legal terminology by making
suggestions that will increase the professionalism of
their piece.
Help them turn their initial drafts into talking points
for the Mock Trial.
Objective
To transfer the learning of the apprenticeship to their
speaking part development
To provide stduents coaching on developing their
speaking part for the Mock Trial


Ask students to identify 3 words from Jeopardy that were difficult to answer and review their definitions.
Have 1 student from both the defense and prosecution share a piece of their speaking parts with the team.


Page 48 of 62
Have students place their legal pads and binders in the designated storage space.

Page 49 of 62

Lesson # 8
Name of the Apprenticeship: Citizen Schools Mock Trials
Firm or Agency

Pre-Planning

1. Finalize their talking points for the Mock Trials.
2. Deliver their speaking role in small teams.

3. Students will understand the flow of the Mock Trial and who speaks when.
1. Opening Ritual
3. Activity: 1:1 speaking part development coaching
4. Activity: Small team "dress rehearsal"
5. Activity: Mock Trial Flow Overview
7. Clean up
10 Minutes
5 Minutes
30 Minutes
15 Minutes
15 Minutes
10 Minutes
5 Minutes
Create a Mock Trial flow chart. (See resource section for template.)
Judge
Jury
Baliff

Mock Trial flow chart

Page 50 of 62
Lesson # 8
Planning the Lesson
Time: 5 Minutes
Post the following question on a piece of flip chart paper. "What is one thing you are excited for about the Mock
Trials?"

Have each student and attorney stand and answer by stating, "may it please the court, my name is.."

Have 1 student and 1 attorney act as volume control .

Time: 60 minutes
Activity 1: 1 parts development coaching Time: 30 Minutes
Ensure each student knows his/her role during the Mock Trial.

Review the themes/arguments that each team brainstormed last
session.

Attorneys work 1:1 with their student to assist them in writing
questions and statements for their roles during the Mock Trial.
(Refer to the packet of handouts to refresh students
memories.)

Encourage the students to use the concepts that they have
learned in the last 5 weeks regarding opening statements,
direct examination, cross-examination and closing arguments.
Tips of the Trade:
Coach students in adding drama to their speaking parts.
Help students think about who in the courtroom they should
look at when, help students with hand gestures, suggest legal
phrasing to help professionalize their talking points.
Objective
To provide stduents coaching on developing their
speaking parts for the Mock Trial
To transfer the learning of the apprenticeship to their
speaking parts development

Activity 2: Team dress rehearsal Time: 15 Minutes

Page 51 of 62

Divide group into defense and prosecution. Review the order
that students will be speaking--make sure that you provide a
visual of the Mock Trial flow in the small group. Explain to
the students that they are all going to run through their pieces
in order--tell students that they should try to do their piece
perfectly, like they will during the Mock Trial.

Reinforce excellent oral presentation skills (eye contact,
spekaing clearly, loudly and slowly, posture, use of hand
gestures).

Reinforce the "drama" of the Mock Trial and how students can
add drama to their part of the trial.

Attorneys and students provide each student feedback on their
speaking part. (Include both positive and constructive
feedback) Students should write down their feedback.
Objective
To provide students an opportunity to practice their
speaking part.
To provide students feedback on their speaking part
in small groups.
Activity 3: Mock Trial Flow Overview Time: 15 Minutes

Get the entire group-both defense and prosecution together.
Explain that you are going to go over the flow of the Mock
Trial to prepare students for the courtroom visit next week.

Give each student a copy of the Mock Trial flow chart.

Define judge, jury and baliff for students and show where they
sit in a courtroom. Have attorneys model these different roles.

Have group read the flow chart outline. Encourage different
students to read various pieces. Following a reading of the
flow chart do a "initial run through."

Attorneys role play each of these three roles - the judge, jury
and baliff. Designate an area from which witnesses and one
from which the attorneys would speak.

The group should do a run through of the Mock Trial flow.

When a student's time comes, she/he moves into the attorney's
place and delivers the first line of his/her speaking part.

Explain to students that they will see the real courtroom next
week and will do a full dress rehearsal then!
Objective
To provide students an overview of the Mock Trial in
preparation for the court house visit

Page 52 of 62

Ask the students to
1. Name some of skills necessary to have great Speak Up skills.
2. Name some things they are nervous about when thinking about their Mock Trial.
3. Name some things they are excited about when thinking about their Mock Trial.

Remind the students that they will be meeting at the courthouse next week and how they will get there.

Stress the importance of students studying their speaking parts so that they know them for next weeks dress rehearsal
Xerox a copy of the students talking points and have them bring a copy home to study.

Have students put their legal pads and binders in the designated area.

Page 53 of 62

Lesson # 9
Firm or Agency

Pre-Planning

1. Become familiar and comfortable with the look and feel of the courtroom.
2. Develop excellent public speaking skills.
3. Do a dress rehearsal of the Mock Trial.
1. Opening Ritual
3. Activity: Courtroom 5 W's
4. Activity: I See You--Speak Up!
5. Activity: Mock Trial Dress Rehearsal
7. Clean up
10 Minutes
5 Minutes
10 Minutes
10 Minutes
40 Minutes
5 Minutes
5 Minutes
Print a large visual that shows the flow of the Mock Trialwho is speaking and in what order. (See resource section.
Post the Mock Trial flow in the courtroom so the students can see it.
Create 2 different sets of colored index cards with 1 of the following words per card: judge, jury, bailiff, defense,
prosecution, witness.
Judge
Jury
Bailiff
Defense
Prosecution
Witness
Copies of students talking points for the Mock Trial
Mock Trial flow chart
Index cards for Courtroom 5 Ws exploration (see below)

Page 54 of 62
Lesson # 9
Planning the Lesson
Time: 5 Minutes
Post the following question on a piece of flip chart paper. "The first thing that came to my mind when we entered the
courtroom was"

Have students and attorneys stand and answer the question by stating, "may it please the court, my name is."


Provide Apprentices with a visual agenda written on flipchart paper and taped up in the courtroom. Tape the Mock
Trial flow chart up in the courtroom.
Time: 60 minutes
Activity 1: Court Room 5W's Time: 10 Minutes

Working in a large group an attorney should define or explain
each of the following 1 at a time: Judge, jury, baliff, defense,
prosecution and witness. After the attorney describes/defines
these roles again, have the students teach back via flashcards.
Make sure all students understand these courtroom roles!

Divide group into defense and prosecution teams. Each team
should have 6 index cards with the roles from above written on
the card (have a different color for each team.

Tell the group that their challenge is to place their index card
where they think that person sits during the trial.

Once a team thinks they've correctly placed all of their cards
they check with their attorney--if they are right they sit at their
bench in the court room, if they are wrong, the attorney tells
them which cards they need to switch.

Make sure everyone knows where the correct locations are and
who does what there.
Objective
To ensure that students know the various people who
will be in the court room, what their role is and where
they will be seating
Activity 2: I See You-Speak UP! Time: 10 Minutes

Page 55 of 62
Divide the group into their defense and prosecution teams.
Give the group 2 minutes to review their speaking partstell
the group they are going to present the first 3
sentences/questions to the group while modeling excellent
Speak Up skills.

Using a flipchart, review and Model excellent Speak Up skills:
1. Speak loudly, clearly and slowly.
2. Keep feet in one place.
3. Dont fidget.
4. Use good hand gestures.
5. Maintain eye contact.

After 2 minutes of review; students and attorneys will sit in the
jury boxat this point review the order of the trial and who
speaks when.

Have the person whose turn it is to speak stand on the opposite
side of the jury box and deliver their speaking partexplain to
students that this is not where they will stand for the trial and
that we are practicing our Speak Up skills so that they will be
understood on the night of the Mock Trial.

Hand out 3 colored index cards to people in the jury box.
Explain that people with index cards will hold their card above
their heads when a colleague is delivering their part.

When the speaker gets eye contact with a person with a card,
that person lowers their card. The person delivering their
speaking parts goal is to lower all 3 index card while modeling
excellent Speak Up skills. Students who do not have an index
card can be volume control.

Provide immediate feedback on their Speak Up skills. Tell
students they are going to do a dress rehearsal, the goal is to do
a perfect run through of the Mock Trial

Objective
For students to practice an entire run through of the
Mock Trial
To recognize areas to practice /improve for the Mock
Trial
Activity 3: Mock Trial Dress Rehearsal Time: 40 Minutes

Page 56 of 62

Have guest attorneys play the judge, baliff and jury.

Explain to students that we are going to do a dress rehearsal--
the goal is to do a perfect Mock Trial, as if we were doing it
for real. Review the Mock Trial flow chart as a large group.
Place students in the correct location

Attorneys coach students--for example, make sure they know
when and how to transition and where they are going. Provide
immediate feedback--if a student's voice is too low, tell them.
If they are not maintaining eye contact tell them! If a student
needs to re-work a piece of their speaking part, allow them to
do so and then immediately try the new piece.

Immediately after the dress rehearsal provide students with
positive and constructive .
EXTRA ACTIVITY - TIME PERMITTING:
Do a second run through of the trial
If you do not have time, do an immediate run through
of trouble areas. For example, if there was a
transition between speakers that was rough, have those
students do their transition again. If a student reads
from their notes, have them read again and make better
eye contact.
Objective
A final review of all of the skills we are going to use
in our mock trail.

Ask each student 1 thing they need to practice to make sure they do their best during the Mock Trial
Provide a handout with an overview of what will happen on the day of the Mock Trial for them to take home and read.
Make sure that all student has a copy of their speaking parts/talking points to bring home to study for the trial

Make sure that the courtroom looks better than it did before the group arrived.

Page 57 of 62

TIPS OF THE TRADE
The following are tips from former Citizen Teachers on how to maximize student
participation, behavior and learning during each apprenticeship session.

Activity Name: Vocabulary Development Time:
Who this is Good For: All Students
Description of the Activity:
Ensuring that every student understands all of the vocabulary and legal terms that are built into the Mock Trials is
critical. The following are some tips to help increase vocabulary development.

1. You are the professional: This curriculum guide provides an overview of the Mock Trials apprenticeship. You
are the legal experts. Use your expertise to decide when and how to introduce vocabulary.

2. Make it visual: Vocabulary terms need to be posted visually!
Use flip chart paper and colored markers
If you are covering multiple terms, expose them to students one at a time so that they can focus on that word
Once youve covered a work keep it posted visually in a WORD WALL so that students are reminded to use
it

3. Build on students experience/knowledge: Students may have a basic understanding of some of the
terminology, build on their existing knowledge.
Ask probing questions to have them define the word. For example, Who has ever heard of innocent until
proven guilty? Where did you hear it? What do you think it means?
Word recognition: If students cannot define a word, ask them to identify a word within the word. For
example, Defendant what word does this look likedefense what does defense mean? So what do you
think the defendant does?
As the expert it is important that you fill in the gaps of the students definition so that they understand
the full meaning of the terms

4. Make it real: Make sure students understand the word as it relates to their trial and the work they will be doing.

Activity Name: Movie Magic Time: No more than 10 minutes
Who this is Good For: All students
One way to get students excited about the legal process is by watching a clip from a movie (examples include To Kill
a Mockingbird, Philadelphia, A Few Good Men etc.). Choose a clip from a movie that highlights what students are
learning during that session. Some weeks that you may choose to show a video clip include.
Week 1: A movie of a great law scene in the first week is a great hook, or way to get students really excited
about being a lawyer.
Week 5: A clip that models and shows the difference between direct and cross examinations.
Week 6: A clip that models and shows the difference between opening and closing statements.
Week 8: A scene from a movie that will get the students excited for their trial.
Video Scavenger Hunt: To maximize on learning from a video clip, create a scavenger hunt, or ask students to look
for specific things while watching the film. You can post these items visually on a piece of flip chart paper.

Page 58 of 62
Activity Name: Volume Control Time:
Who this is Good For: All Students
Volume control is a role that students can play when observing their peers oral presentation (Speak Up) skills.
Attorneys should assign this role to students and only students who are identified should play the role. It is good to
switch your Volume Control people frequently.
1. Explain to the group that youre selecting 2 students to be Volume Control. Volume Controls job is to NON-
VERBALLY let people know whether they are using their Speak Up skills, especially speaking loudly enough for
everyone to hear them
2. If a person is not speaking loudly enough to be heard, Volume Controls job is to take 1 hand and raise it up and
down 2 times. This is meant to serve as a quick and silent reminder to the speaker to raise their voice.
Activity Name: Open or Closed Time:
One important skill students learn during the law apprenticeship is how to use open and close ended questions. This
student role is a way to engage students while they are listening to their peers practice open and close ended
questions, while ensuring that students understand the difference between these types of questions.
1. Explain to the group that you are going to select 2 students to be Question Masters. The Question Masters job is
to decide whether or not their peers are asking open or close ended questions.
2. For open ended questions the Question Master will make a circle by putting their 2 hands together above their
heads.
3. For close ended questions the Question Master will make a X by crossing their 2 arms.
4. When you introduce this role, model example open and ended questions and show how the hand signal that goes
with both.
Activity Name: Teach Back Time: 5 Minutes
Every apprenticeship session should end with a Teach Back. Citizen Schools believes that by having students
Teach Back what theyve learned they increase their mastery over the material they are learning. Teach Backs are
one of the most important pieces of your weekly lesson plan; make sure you take advantage of them!

Some helpful hints for leading excellent Teach Backs

1. Sequencing Questions: Given the 5 minutes you have for Teach Backs, this guide provides example questions
you might ask students. When asking Teach Back questions, remember the following format: What, So What, Now
What
What: Start with asking what questions that will allow students to reflect on what they did and learned during
the session. For example, what did we learn about cross examinations today
So What: After the students have reflected on what they learned, help them understand its relevance to the
apprenticeship or the So What? For example, Why do you think it is important that we have excellent cross
examination questions?
Now What: Help students understand how they can use what theyve learned to integrate into their Mock Trial
by asking Now What questions. For example, What are 3 things you will remember to do when delivering
your cross examination during the Mock Trial?

Page 59 of 62
2. Example Teach Back Activities: Below are example activities that you can use to maximize student learning
through reflection. Remember to be creative in your teaching and think about how you can engage diverse learners!

Speed Round: Pose a series of review questions and call on students at random to answer -- providing wait time
after each question to allow students to think before you select someone to respond. After each response, give the
rest of the class a chance to agree or disagree with the answer. You might have all students WRITE their responses
on individual chalkboard/whiteboards/papers before calling on anyone.

Minute paper: Give the students a writing prompt, such as, "list as many examples as you can of vocabulary related
to the trial." If time permits, ask students to share their responses with the class. Collect and review the responses to
make modifications to future instruction.

Sticking point: At the end of the lesson, each student provides you with a question left unanswered or a concept left
unclear (on an index card, maybe). Give the students a writing prompt such as, "What about cross examination do
you still have questions about after today's lesson?" Alternatively, after teaching your students the concept of a
sticking point, just ask "what is a sticking point for you after today's lesson?"

One sentence summary: Ask the students to answer in one sentence, "what was the key point of today's lesson?"
If time permits, ask students to share their responses with the class. If a wide discrepancy exists, you will want to
reflect on why that might have happened and how your instruction can be more focused around a concrete goal for
the next day.

Paired summary: Place the students in pairs to discuss a specific prompt for a short period of time (1-2 minutes).
Each pair should jot down key points of their discussions and then share them with the class at large.

Activity Name: Vocabulary Games Time: 5- 10 Minutes
Bingo
One great way to review vocabulary is with a game of Bingo. It takes a bit of preparation, however. One great online
resource to make this easier is www.edhelper.com. If you get an account there, you can type in all your words and
definitions and easily print out bingo cards.

If you need to make your own Bingo cards use the attached table as a template. Simply fill in vocabulary words in the
squares on each card. Make sure that not all the cards are the same.

How to play: Pass out the cards and remind the students of the rules of Bingo. You will read out definitions and if
they have the matching word on their card, they should put an X in the box containing that word. Call out the
definitions in a random order and have fun! A student can get bingo by filling a row horizontally, vertically, or
diagonally. When a student has bingo, they should yell Bingo! once and once only. Then reinforce your vocabulary
lessons by having the winning student say which words gave them the bingo. This is also a chance to make sure that
the student chose the right words to fit the definitions.

You can use the same cards for multiple games by using the small check boxes within the Bingo squares for each
game. When you switch games, students are marking the next box over.

Memory

Page 60 of 62
Another great way to review vocabulary is with a game of Memory. This is also pretty preparation intensive and can
be greatly sped up through www.edhelper.com. Just use the flashcards function to print out single sided cards.
Then cut them up and discard all the blanks.

If you need to make your own memory cards, use the attached table as a template. Simply fill in vocabulary words
and definitions on separate cards. Then print them out and cut them up. All cards should be blank on one side. You
will need a deck of cards for every 2 students.

How to play: Put students into pairs and give them each a deck of cards. Have them shuffle the deck and then lay
out all the cards facedown in a grid on the desk/table. Students should take turns flipping up cards and trying to make
a match (a word and its definition). If a student makes a successful match game, then s/he gets an extra turn. The
student with the most cards wins. Its best to play for the best two out of three games with this activity, since there is
some luck involved.

Vocabulary Relay
This game is great fun and requires less preparation, but you do need a lot of space to play it safely. You need to
create big cardseach with a word or a definition. Use different colors for different teams. Post all the words on one
side of the room and the definitions on the other. Designate another place for matches made for each team.

How To play: This is another game with many variations. Here is one fairly structured one. Assign a color to each
team; for example the pink sheets are for Team A and the blue sheets for Team B). Team A is trying to make
matches with the pink sheets and Team B is trying to make matches with the blue sheets. The students line up. One
person races off to the stack of words and takes one of the appropriate color. They then run to the stack of definitions
and try to find the matching one of the appropriate color. They then take their match and post it up on the matches
wall. Then they run back and tag the next person. The team to make correct matches of all their vocabulary words
first, wins.

Jeopardy
This game is great to play as a full group or in teams and it requires less preparation then others. Simple print out
sheets of paper with vocabulary related questions on them and put point values on the back of each one. Post these
up on the board with the point values showing.

How to play: There are so many ways to play this game. With 10 students, it works to make 2 teams (unless your
Apprenticeship already has natural teams).

Quiet Style
Have each team sit in a row or cluster together, and appoint one spokesperson for the team. This could be a rotating
role with students switching seats every round so that everyone has a chance in the hot seat. Teams alternate turns
choosing questions/point values and answering them. The whole team can confer for a limited time (10-15 seconds)
and then you take the spokespersons answer for the team. Wrong answers equal lost points and are tossed to the
other team.

Louder Style
One variation of this is the hot spot and it gets students to be quicker with their answsers. Every round, one person
from each team is invited to the hot spot. The students stand with their buzzer hands out and the teacher reads
the question. The students smack the table (or improvised buzzer) with their hands if they know the answer. The
person with the first buzz gets to answer the question. This variation can great A LOT of excitement, but it can also
create controversy over the calls on who got to the buzzer first. As with the other version, wrong answers lose the

Page 61 of 62
team points and the question goes to the other team.

Word Storms
This is a fun but quiet way to reinforce the spelling of your vocabulary words and to get your students to be creative
with language. No real preparation is needed you just need a list of the words and paper/pencils for the students.

How to play: Make sure all the students have pencils and paper. Write a vocabulary word up on the board (make
sure to spell it correctly!). Tell students that they have a limited time (2-3 minutes) to make as many words as they
can out of the letters in that vocabulary word. They cannot reuse letters inside a single word, but every new word can
pull from any of the letters in the vocabulary word.

For example: BUSINESS
Total: 15
1. bus
2. Buses
3. In
4. Bin
5. bins
6. Bun
7. buns
8. Sin
9. sins
10. Sub
11. subs
12. Use
13. uses
14. Us
15. Is

You can have students compete against one another and try to make the most words. Or you can have the class
work together to get the highest score possible by adding their individual scores up.

Page 62 of 62

ALTERNATIVE ACTIVITIES
No curriculum will work for every students. Remember you teach students, not
curriculum. Use this section of the guide for ideas for alternative activities that address
special learning and teaching styles, and group dynamics. If you create one for your
students, we would like to know about it. Please make sure that your Team Leader
gives your plans to the National Apprenticeship Department help us grow this part of
the Mock Trials Curriculum.

Activity Name: Time:
Who this is Good For:



Page 1 of 59

A resource guide for teaching quality law
apprenticeships.
Version 1.0 SEPTEMBER 2006

<<PHOTO GOES HERE >>

Citizen Schools Mock Trials
CUFF CULU| FESDUFCES
<Partner Logo>

Page 2 of 59

This curriculum was compiled and edited by Max Fripp, Kelly Dwyer and Jean
Horstman.

IN GRATEFUL ACKNOWLEDGEMENT

CITIZEN SCHOOLS WOULD LIKE TO THANK THE FOLLOWING INDIVIDUALS AND
ORGANIZATIONS FOR THEIR CONTRIBUTIONS TO CREATING THIS CURRICULUM GUIDE:

SUE SIMONE
JAMIE ZEMBRUSKI
BECCA MOSKOWITZ

ADDITIONAL MOCK TRIAL SUPPORT MATERIALS:
MOCK TRIAL CURRICULUM RESOURCES
MOCK TRIAL EVENT PLANNING RESOURCES

Page 3 of 59
TABLE OF CONTENTS

1. LEGAL LINGO JEAPORDY 4
2. LEGAL VOCABULARY BINGO I 6
3. LEGAL VOCABULARY BINGO 2 7
4. 5WS OF THE MOCK TRIAL CASE TEMPLATE 8
5. PERSAUSION MAP GRAPHIC ORGANIZER TO HELP STUDENTS
DEVELOP THEIR SPEAKING PARTS
10
6. MOCK TRIAL ROLE SELECTION BALLOT 11
7. PARTS OF A TRIAL 12
8. PARTS OF A TRIAL RELAY RACE 13
9. SAMPLE TRIAL ORDER FOR A MOCK TRIAL 14
10. SAMPLE TRIAL PROCEDURE FOR A MOCK TRIAL 15
11. CASE MATERIALS: COMMONWEALTH V. BORDEN 19
12. CASE MATERIALS: OBRIEN V. INTERNATIONAL PLACE HIGH SCHOOL 39
13. CASE MATERIALS: COOK V. BOSTON CENTRAL CHARTER SCHOOL 46
14. CASE MATERIALS: THE NOT SO PRIVATE SCHOOL 50

Page 4 of 59
LEGAL LINGO JEAPORDY
People In
The
Court
Room
Parts Of
A Trial
Legal
Lingo
Its In
The
Case
100 Pts. 100 Pts. 100 Pts. 100 Pts.
200 Pts. 200 Pts. 200 Pts. 200 Pts.
300 Pts. 300 Pts. 300 Pts. 300 Pts.
400 Pts. 400 Pts. 400 Pts. 400 Pts.

Attorneys should create the following Jeopardy Chart on a
Large piece of flip chart paper so it all students can see the
categories and point values

Please see the next page for example questions and answersfeel free to change to
best meet the needs of your students and case!
LESSDN FESDUFCES

Page 5 of 59

People In The Court
Room
Parts Of A Trial Legal Lingo Its In The Case
100 points- Judge
Q: The person who
presides over a case
and announces the
verdict
100 points-closing
statement
Q: This part of the
trial occurs after the
presentation of
evidence and is a
summary of the facts
of the case
100 points- open ended
questions
Q: These type of
questions allow the
witness to tell their story
100 points- Fact
pattern
Q: A written
document that
provides all of the
details and 5 Ws of
a case
200 points-Jury
Q: A sworn body of
persons convened to
render a rational,
impartial verdict and
a finding of fact on a
legal question
officially submitted to
them, or to set a
penalty or judgment
in a jury trial of a
court of law.
200 points-direct
examination
Q: When a witness is
called to the stand to
tell their story and lay
out facts that support
your case you are
delivering a?
200 points- prosecution
Q: The legal party
responsible for
presenting the case
against an individual
suspected of breaking the
law in a criminal trial.
200 points-
Affidavit
Q: A formal
statement of fact
written by a witness
300 points-
defendant
Q: This person is
required to answer
the complaint of a
plaintiff or pursuer in
a civil lawsuit before
a court, or any party
who has been
formally charged or
accused of violating a
criminal statute.
300 points-cross
examination
Q: The interrogation
of a witness called by
one's opponent when
you are trying to get
simple one word
answers
300 points- innocent
until prove guilty
Q: People involved who
are suspects in a crime
and brought to court are
_______________

300 points-
Plaintiff
Q: The person who
brings a case to
court and is looking
for some type of
remedy, for
example money is
the?

400 points-Bailiff
Q: This person is the
law enforcement arm
of the court. They
keep order in the
court, serve legal
process or other
court documents, and
take charge of juries
when the court is not
in session.
400 points-verdict
Q: The formal finding
of fact made by a jury
on matters or
questions submitted
to the jury by a judge
400 points- burden of
proof
Q: This term relates to
the prosecution who need
to convince the court that
the accused is guilty
beyond a reasonable
doubt
400 points- v. or
versus
Q: When you read
the title of a case
you can determine
whether it is a civil
or criminal case by

(source www.wikipedia.org retrieved July 14, 2006)

Page 6 of 59
LEGAL VOCABULARY
BINGO I

LAWYER
_______________________
__

_______________________
___
WITNESS
___________________
______

___________________
_______
JURY
____________________
_____

____________________
______
PLAINTIFF
___________________
______

___________________
_______
DEFENDANT
_______________________
__

_______________________
___
PERJURY
___________________
______

___________________
_______
CIVIL CASE
____________________
_____

____________________
______
CRIMINAL CASE
___________________
______

___________________
_______
INNOCENT UNTIL
PROVEN GUILTY
_______________________
__

_______________________
___
VERSUS (V.)
___________________
______

___________________
_______
FACT PATTERN
____________________
_____

____________________
______
JUDGE
___________________
______

___________________
_______

Page 7 of 59
LEGAL VOCABULARY
BINGO

FACT PATTERN
___________________

___________________
VERSUS (V.)
____________________

____________________
INNOCENT UNTIL
PROVEN GUILTY
_______________________
__

_______________________
JUDGE
___________________
______

___________________
___
CIVIL CASE
___________________
______

___________________
_______
DEFENDANT
____________________
_____

____________________
______
CRIMINAL CASE
_______________________
__

_______________________
___
PERJURY
___________________
______

___________________
_______
JURY
___________________
______

___________________
_______
WITNESS
____________________
_____

____________________
______
LAWYER
_______________________
__

_______________________
___
PLAINTIFF
___________________
______

___________________
_______

Page 8 of 59

CItIzcn 5chnn!s Mnck TrIa!
Undeislanding lhe 5 Ws of oui case

Casc Namc:__________________________________________________

WHO

WHAT

WHEN

WHY

WHERE

Page 9 of 59

CItIzcn 5chnn!s Mnck TrIa!
Undeislanding lhe 5 Ws of oui case

Casc Namc:__________________________________________________

WHO

WHAT

WHEN

WHY

WHERE

Page 10 of 59

Page 11 of 59

CItIzcn 5chnn!s Mnck TrIa! Rn!c 5c!cctInn

Namc: __________________________

Tcam: Dcfcnsc nr PrnsccutInn (!casc cIrc!c)

P|ease rate uhlch ro|e ou uant to |a ln the mock trla|. Each student ul||
hate at |east 1 seaklng art ln the mock trla|

Iul a 1 foi voui fiisl choice
Iul a 2 foi voui second choice
Iul a 3 foi voui lhiid choice

RLMLMLR: Youi Cilizen Teacheis and Tean Leadei viII nake lhe finaI
decision on vhal ioIe vou viII pIav lased on vhal is lesl foi lhe lean. We viII
lake voui choices inlo consideialion.

Mnck TrIa! Rn!c RatIng
Opening Slalenenl
Diiecl Lxaninalion
Cioss Lxaninalion
CIosing Slalenenl

Page 12 of 59

PARTS OF A TRIAL
I. Opening Statements
A. Plaintiff
B. Defendant
II. Plaintiffs Case
A. Witness Number 1
i. Direct Examination
ii. Cross-Examination
B. Witness Number 2
III. Defendants Case
A. Witness Number 1
B. Witness Number 2
IV. Closing Arguments
A. Defendant
B. Plaintiff

Jury Deliberations
and
Verdict

Page 13 of 59

PARTS OF A TRIAL GAME
V. Opening Statements
A. _________
B. Defendant
VI. Plaintiffs Case
A. Witness Number 1
ii. ________ Examination
B. Witness Number 2
i. ________ Examination
VII. __________ Case
A. Witness Number 1
i. ________ Examination
B. Witness Number 2
VIII. __________ Arguments
A. Defendant
B. Plaintiff

Jury Deliberations
and
________

Page 14 of 59

Page 15 of 59

Page 16 of 59

Page 17 of 59

Page 18 of 59

Page 19 of 59

Commonwealth versus Borden

Fact Pattern

THE COMMONWEALTH OF MASSACHUSETTS
v.
BETTY BORDEN

Saturday, March 2, 2002, Riverdale Middle School held a student dance.
Veronica Vixen, the victim, and the defendant, Betty Borden, both attended. During the
dance, Veronica, who is taller than most of the other girls in the class, was hanging out
with her friends on the soccer team. Veronica then made a suggestive comment towards
Bettys boyfriend, Archie Amore, as Betty and Archie walked by. Veronica and Betty
got into a scuffle; the exchange was mostly verbal, but there was some pushing back and
forth between the two. Veronicas friends eventually broke up the scuffle. As Betty
walked away, she yelled back to Veronica, Youd better watch your back! Im going to
get you for this!!

Monday, March 4
th
at Riverdale Middle School, Betty saw Veronica speaking
closely with Archie in the hall. Betty was angered by the sight, but did not interrupt she
was late for class.

Later that same day, Betty was headed for art class when she remembered that she
had left her scissors, which she was required to have, in her gym bag back in her locker.
Betty ran back to her locker to get them. On her way from her locker to art class, with
the scissors in her hand, Betty spotted Veronica in the hall. The hallway was all but
empty because 5
th
period had started and everyone was in class. Veronica caught sight of
Betty at that same moment and immediately began teasing Betty about Archie and about
their argument on Saturday night. Betty proceeded to yell back at Veronica, becoming
very enraged. The two quickly approached each other and in no time, were again
engaged in a loud, verbal scuffle.

During the confrontation, the girls moved toward a set of doors on the east side of
the hallway. Betty had her back toward the doors; Veronica was on the other side, facing
Betty. The doors were locked with a chain and a padlock. There was a puddle of water
in front of the door due to a leak in the roof directly overhead.

All of a sudden, Veronica moved toward the Betty. The scissors in Bettys hand
made contact with Veronicas lower abdomen. The two girls fell to the ground
Case haterIaIs

Page 20 of 59
Veronica over Betty. The scissors could be seen sticking out of Veronicas abdomen.
Both girls began screaming for help. The art teacher, Ms. Grundy, and the Janitor,
Jughead Jones, were the first to rush to their aid.

Page 21 of 59
Affidavits

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS. Dorchester District Court
0203CR4416

)
COMMONWEALTH )
)
)
v. )
)
BETTY BORDEN, )
)
Defendant. )
)

AFFIDAVIT OF VERONICA VIXEN
I, Veronica Vixen, declare as follows:
1. I am thirteen years old and live at 23 Cook Street in
Dorchester, MA.
2. Everything that is written in this affidavit is true.
3. I am in the seventh grade at Riverdale Middle School
and am captain of the soccer team.
4. I have known Betty Borden since we were in third
grade.
5. Betty has always been jealous of me probably because
I excelled in sports and Betty never has. She is
always picked last in gym class.
6. On March 2
nd
at the dance, I said hello to Bettys
boyfriend Archie. Ive known Archie forever and we

Page 22 of 59
just stopped dating a little while ago. I knew that
Archie had been out of school for a week with the flu
and wanted to see if he was feeling better.
7. While I was talking to Archie, Betty started giving me
dirty looks. I put up with it for a while, but then I
had had enough.
8. I went over to Betty and asked her what her problem
was. Betty started saying that she knew what I was
trying to do. I kept telling her that I didnt know
what she was talking about, but she kept getting more
and more upset. Then she pushed me and yelled that I
should leave Archie alone and never look at him again.
9. Betty is totally nuts. I wasnt trying to get Archie
to break up with Betty, I was just trying to be nice
and see how Archie was feeling.
10. I thought Betty just needed some time to cool down, so
when I saw her in the hallway on Monday I thought I
would try to act like nothing had happened.
11. I asked Betty if she had gotten everything out of her
system or if she wanted to go another round. I was
totally joking.
12. The next thing I know, Betty turns red and starts
yelling that I should show her some respect.

Page 23 of 59
13. Maybe I lost my temper too because I started following
her down the hall yelling that she was out of line. We
started to argue, just like we did at the dance.
14. Betty started calling me names and said that I was a
bully. That made me really angry and I wasnt
planning on touching her, but I wanted to make her
listen to me, so I started to move closer to her.
15. I wasnt moving all that fast, but suddenly I slipped
in a puddle of water and started falling toward Betty,
whose back was against the doors.
16. I was afraid of falling and hurting myself so I
extended both of my arms in front of me, thinking that
I could stop my fall by grabbing onto Betty or to the
doors that were right behind her.
17. I dont remember all that much. I do remember that as
I was falling forward, Betty was yelling at me that
she wasnt going to take it any more.
18. Suddenly I felt this awful pain in my stomach and when
I looked down there was a pair of scissors in me!
19. As I lay there on the floor, I looked up at Betty and
she had blood on her hands.
20. I remember yelling for help and then seeing the
janitor and Miss Grundy.

Page 24 of 59

I declare under the penalties of perjury that the
foregoing is true and correct based on my knowledge,
information and belief. Executed this ___ day of March,
2002.

________________________
Veronica Vixen

WORCESC\3649\2.2297136_1

Page 25 of 59

0203CR4416

)
COMMONWEALTH )
)
)
v. )
)
BETTY BORDEN, )
)
Defendant. )
)

AFFIDAVIT OF BETTY BORDEN
I, Betty Borden, declare as follows:

1. I am thirteen years old and live at 72 Savin Hill
Place in Dorchester, MA.
3. On March 2
nd
, Archie and I went to the school dance.
While we were there, we ran into Archies ex-
girlfriend Veronica Vixen.
4. Veronica is much bigger than I am and is really
strong.
5. Everyone else seems to think that she is a great girl,
but shes nothing more than a bully. Shes always
pushing me around and trying to make me look like a
wimp in front of Archie. Its not fair!

Page 26 of 59
6. At the dance, Veronica made a bunch of really rude
comments towards me and Archie. I was very
embarrassed and sick of her behavior.
7. Even though she is much bigger than I am and Im
scared of her, I went right up to her and told her to
stop it.
8. I think she was surprised that I finally said
something, because she didnt say anything at first,
but then she started yelling back at me and we started
pushing each other.
9. After a little while her friends from the soccer team
pulled her away and Archie pulled me away.
10. Maybe I yelled something at Veronica when I walked
away with Archie, but I dont remember what I said.
11. On Monday, I saw Veronica bothering Archie again by
his locker. I know that Archie wants nothing to do
with her, but he feels sorry for her so he puts up
with her.
12. I wanted to say something to Veronica then, but I was
late to class and didnt want to relive what had
happened at the dance all over again.
13. Right before my art class that day I realized that I
had forgotten my scissors in my locker. I had taken
them home over the weekend to work on a project. I

Page 27 of 59
ran to my locker, found the scissors and started to go
to art class.
14. All of the sudden, Veronica appears out of nowhere and
shes headed right for me and looks very mad. There
is no one else in the hallway so I start feeling a
little scared.
15. Veronica immediately starts teasing me about what
happened at the dance and starts saying things about
Archie.
16. It made me mad that she was saying things about Archie
so I started yelling back at her and pretty soon we
were pushing each other back and forth.
17. Veronica started saying that Archie was going to break
up with me and that the only reason he started dating
me was so that I could help him with his homework.
18. I think I yelled that Veronica was nothing more than a
bully and that people only pretended to like her
because they were scared of her. I also said that I
hated her and that I was going to make sure that
everyone knew what a mean person she was.
19. All of the sudden my back was up against doors that I
knew were locked (because they are always locked). I
started to get really scared and just wanted Veronica
to leave me alone.

Page 28 of 59
20. The next thing I knew, Veronica started moving toward
me with her arms outstretched like she was going to
strangle me.
21. I must have swung my arms up to protect myself and I
guess thats when I stabbed her with the scissors. I
had forgotten that I even had them in my hand.
22. Veronica fell against me and then to the floor. I
started yelling for help right away. The janitor and
the art teacher were the first to come and help
Veronica.
23. Im really sorry about what happened to Veronica. I
am not a violent person. Ive never gotten in trouble
before.
24. I am a good student who is active in school, Im in
the Chess Club, on the Debating Team and in the
Marching Band.

Page 29 of 59

2002.

________________________
Betty Borden


0203CR4416

)
COMMONWEALTH )
)
)
v. )
)
BETTY BORDEN, )
)
Defendant. )
)

AFFIDAVIT OF WANDA GRUNDY
I, Wanda Grundy, declare as follows:
21. I am the art teacher at Riverdale Middle School in
Dorchester, Massachusetts.

Page 30 of 59
22. I live at 7 Massachusetts Avenue, Apartment Thirty-
four in Cambridge, Massachusetts.
23. I have been teaching at Riverdale Middle School for
two years. Before teaching at Riverdale, I was the
art teacher at Crumbsfield Grammar School where Betty
Borden was one of my students.
24. Once at Crumbsfield Grammar School, Betty accused
another student of attacking her. After a very long
investigation, we determined there had been no attack.
25. The student that Betty accused of attacking her was
bigger than her. I think she just lied about the
attack.
26. On March 4
th
, I was teaching my fifth period art class.
Betty Borden was supposed to be in that class, but
wasnt.
27. I heard a loud commotion outside of my classroom. I
told the students to stay in their seats while my
assistant Mr. VanGogh and I stepped out into the
hallway.
28. Across the hall from my classroom and down about two
classrooms I saw Veronica and Betty engaged in a
scuffle.

Page 31 of 59
29. Before I could break up the fight, I saw Veronica slip
and stop herself from falling by putting her hands on
the door behind Betty.
30. I then saw Bettys hand move upward and jab up into
Veronicas stomach. Both girls fell to the floor.
31. When I ran over to Veronica I saw the scissors
sticking out of her abdomen. Her back was wet and I
stepped in water as I knelt down to help her.
32. Betty never should have taken the scissors out of my
classroom. I never give students homework on the
weekend so she had no reason to have the scissors in
her locker.
33. I know Veronica is a good girl and would never hurt
anyone.

Page 32 of 59

2002.

________________________
Wanda Grundy

WORCESC\3649\2.2308177_1

0203CR4416

Page 33 of 59

)
COMMONWEALTH )
)
)
v. )
)
BETTY BORDEN, )
)
Defendant. )
)

AFFIDAVIT OF JOE JONES
I, Joe Jones, declare as follows:
34. I am the janitor at Riverdale Middle School and have
worked there for almost 10 years.
35. I know most of the students at the school and talk to
them when they are changing classes.
36. Ive talked to Betty several times and she is very
smart. I sometimes play chess with her after school
to help her practice for the chess club.
37. On March 4
th
I heard Betty and Veronica arguing in the
hallway. I knew that Betty rarely yelled so I figured
something must really be wrong.
38. Because my door was closed I couldnt hear all of what
was being said. I opened the door and went out into
the hallway.
39. I saw Veronica backing Betty up against the locked
doors while yelling at her.

Page 34 of 59
40. I was afraid Vernoica was going to attack Betty and
just as I started down the hallway toward them thats
exactly what Veronica did!
41. Veronica lunged at Betty and Betty raised her hands to
protect herself. It looked like Betty had something
in her hands but I couldnt tell for sure.
42. Both Veronica and Betty fell to the floor and both
were yelling for help.
43. I ran over to them and thats when I saw the scissors
sticking out of Veronicas abdomen. The next thing I
knew Miss Grundy was next to me yelling for an
ambulance.
44. I tried to see if Betty was hurt at all but she
wouldnt let anyone near her. Her face was really
white and she never stopped looking at Veronica.
45. Betty kept trying to stand up but kept slipping. I
realized that she was slipping in water from the leak
in the roof.
46. Im sure that Betty never meant to hurt Veronica and
was just trying to defend herself.

Page 35 of 59

2002.

________________________
Joe Jones

WORCESC\3649\2.2308198_1

Page 36 of 59

0203CR4416

)
COMMONWEALTH )
)
)
v. )
)
BETTY BORDEN, )
)
Defendant. )
)

AFFIDAVIT OF ARCHIE AMORE

I, Archie Amore, declare as follows:

1. I am thirteen years old and live at 87 Savin Hill
Place in Dorchester, MA.
3. I went out with Veronica Vixen for about six months
last year.
4. Veronica was always jealous if other girls talked or
looked at me. Sometimes she would get rough with girls
that she thought were interested in me.
5. I did not like Veronica when she acted jealous and I
got sick and tired of her behavior so I broke up with her.
6. I started seeing Betty a few months ago. Betty is
very different from Veronica and I can really talk to her
about stuff.

Page 37 of 59
7. Since I started seeing Betty, Veronica bothers her a
lot and wont leave us alone.
8. Veronicas behavior has put a lot of pressure on me.
I feel that I cant go anywhere. I know that Betty has
also felt a lot of pressure because of Veronicas behavior.
9. The first time that Betty ever stood up to Veronica
was at the dance on Saturday. Veronica was so mad and
embarrassed that she just walked away when the argument was
broken up. I had a sinking feeling, though, that Veronica
couldnt just let it go.
10. I didnt see what happened between Veronica and Betty
at school on Monday.
11. I did see Betty running down the hall after 5
th
period
and she looked really pale and sick. I thought she didnt
feel well and was going to go home.
12. I dont think Betty even saw me as she was running
down the hall because she didnt even talk to me.
13. I heard rumors in school that day that Veronica had
been stabbed and I was really worried about Betty so I went
by her house after school.
14. I know Betty is not a violent person and if Betty did
hurt Veronica it must have been in self-defense.

Page 38 of 59

2002.

________________________
Archie Amore

Page 39 of 59
2002 Fourth Amendment Search Case

OBrien v. International Place High School

Statement of Facts

On March 7, 2002, a teacher at International Place High School in Boston,
Massachusetts saw two students leave the girls bathroom on the third floor giggling
together. One of the two girls was the plaintiff, sixteen-year-old Jen OBrien. The other
girl was Tanya Erzen, a senior. The teacher, Nancy Herman, entered the bathroom and
found it full of cigarette smoke and saw cigarette butts in the garbage can. School rules
prohibited smoking in the bathrooms and stated that students could be disciplined and/or
expelled for smoking in prohibited areas. Ms. Herman reported her observations to Vice
Principal Theodore Chopper. Vice Principal Chopper then summoned the two girls to his
office for questioning.
In response to questioning by Mr. Chopper, Tanya Erzen admitted that she had
been smoking in the bathroom. Jen, however, denied she had been smoking in the
bathroom and claimed that she did not smoke at all. Mr. Chopper asked Jen to come into
his private office and demanded to see her backpack. Opening the main compartment of
the backpack, he saw a pack of cigarettes, which he removed from the backpack and held
before Jen as he accused her of having lied to him. As he reached into the backpack for
the cigarettes, Mr. Chopper also noticed a package of cigarette rolling papers. In his
experience, possession of rolling papers was associated with the use of marijuana.
Expecting that a search of the backpack might reveal further evidence of drug use, Mr.
Chopper searched the backpack very thoroughly.

Page 40 of 59
Mr. Chopper discovered a small amount of marijuana in a plastic bag, a number
of empty plastic bags, a quantity of money in one dollar bills, and a wallet belonging to
Tanya Erzen. Mr. Chopper removed these items, placed them on his desk and said to Jen
Ive found more evidence that youre lying. He then continued his search, opening a
small interior compartment that was zipped shut, and discovered letters to Jen as well as a
photograph. Mr. Chopper read all of the letters and inspected the photograph. He then
notified Jen that she was going to be expelled.
Mr. Chopper subsequently notified Jens parents and the School Board that Jen
was expelled for dealing drugs at the high school. International High School has the
following written policy that applies to all students:
For the protection of other students in the school grades nine
through twelve, the school board shall expel any student whenever
it has been established to the satisfaction of the board, or the
superintendent or the principal, that the student has on school
premises, or at school sponsored activities (including trips), used,
sold, been under the influence of, been in possession of narcotics
or other hallucinogenics, drugs, or controlled substances classified
as such by Act 590 of 1971, as amended.

On March 10, 2002, Jen and her parents brought a civil rights suit under 42
U.S.C. 1983 against Mr. Chopper and the International Place School Board, alleging
that the defendants actions violated the Fourth and the Fourteenth Amendments to the
United States Constitution. The trial in this matter is scheduled for May 23, 2002.

Page 41 of 59
Affidavit of Vice Principal Theodore Chopper
My name is Theodore Chopper and I am the Vice Principal of the International
Place High School in Boston. I have been the Vice Principal for two years, and I was a
math teacher for twelve years before that. I am married and have two children.
On March 7
th
, Ms. Herman (a long-time teacher and friend of mine) came to me
and told me she had seen Tanya Erzen and Jen OBrien acting suspiciously near the
girls bathroom. When she went into the bathroom she found it was filled with smoke
and there were cigarette butts in the trash can. She thought that the girls had been
smoking and suggested I speak to them.
I called them into my office, and while Tanya admitted shed been smoking, Jen
just lied. I took her backpack from her and searched it, finding extensive evidence of
drug dealing in addition to cigarettes. In an interior compartment of her backpack, I
found letters, which I read to see if they mentioned drugs. I found several references to
things like, Friday nights gonna be great, but no clear discussion of drugs.
I knew she would have to be expelled. Not only had she been smoking in the
bathroom, and lied to me, but her backpack revealed her drug dealing. I told her she was
expelled immediately and then I informed my superior, the Principal, as well as the
School Board.
I have known Jen OBrien for about two years. I first met her when she was
brought to me for discipline for skipping class. Ive always thought she seemed like a
trouble-maker and this incident proved I was right. I had heard about Jen before I met
her, because she does not get along well with other students in the school or with other
teachers. At faculty meetings when we discussed problem students, Jens name

Page 42 of 59
sometimes came up. My colleagues reported that Jen was often late for class, unprepared
and even disruptive. The other teachers say they dont have the time or energy to waste
on Jen. One math teacher that Im friendly with says that Jen is very gifted in math and
thinks that she is bored in many classes.

Page 43 of 59
Affidavit of Nancy Herman
My name is Nancy Herman. Im a Social Studies teacher at International Place
High School; Ive taught there for five years. Im not married and do not have children.
On March 7, 2002, I saw Jen OBrien and Tanya Erzen rushing out of the girls
bathroom, and giggling. I went into the bathroom just after they left and it was filled
with cigarette smoke. I also saw five or six cigarette butts in the trash can. Ive seen
Tanya smoking before and Jen is always hanging around with her. I thought that she had
been smoking again and so I went to see Vice Principal Chopper. I told him what I saw
and that I thought Tanya needed to learn a lesson about smoking. I didnt stay when he
called the girls in and I was a little surprised to hear that Jen OBrien was expelled. She
seemed like a good kid.

Page 44 of 59
Affidavit of Jen OBrien
My name is Jen OBrien and I am sixteen years old. I live with my parents in
Boston, Massachusetts and I go to International Place High School. High schools
boring, except for one math class, and I cant wait to graduate and get out.
On March 7
th
, I was in the bathroom with my friend Tanya and we were talking
about this guy who had just asked me out. Tanya was smoking, which she does some
times and I dont mind, but I dont smoke. I mean, sometimes I have a puff of her
cigarette, but I dont buy cigarettes myself. Tanya offered to braid my hair and I turned
away from her. I think she took a brush out of my bag to brush my hair and she braided
it. As she was finishing my braids, she said Uh-oh, and I thought I heard the voice of a
teacher out in the hall. It sounded like Ms. Herman, our social studies teacher who really
didnt like Tanya because Tanya hated social studies and never did her homework. I
went to get a drink of water and Tanya put the brush and stuff back in my backpack and
then we left the bathroom.
The next thing I knew, the vice principal was calling us into his office and
accusing us of smoking in the bathroom. I told him that I didnt smoke, but he didnt
believe me. He pulled me into his private office and closed the door behind us. Then he
grabbed my backpack and opened the main compartment even though it was zipped shut.
On the top of my backpack was a pack of cigarettes, which I thought might have fallen in
there when Tanya was putting things away. Mr. Chopper grabbed them and waved them
in my face, saying: You little liar, I knew you smoked. He said, Ive always known
you were a trouble-maker and now Ill be able to prove it. Then he said: Let me see
what else I can find and he searched every inch of my backpack. I kept telling him the

Page 45 of 59
cigarettes werent mine and I thought they were Tanyas, but he wouldnt listen to me.
He even opened the smallest inside pocket of my backpack where I keep personal notes
from friends and he read everything in that pocket. I was really embarrassed and I felt
like it was really not fair of him to read my personal notes and look at the pictures I had
in there, because those were my personal things.
I dont where the marijuana and empty plastic bags came from. I think Tanyas
wallet ended up in my backpack when we were in the bathroom and picking stuff up
quickly. Maybe Tanya accidentally put that stuff in my backpack. All I know is, it
wasnt mine.

Page 46 of 59
Cook V Boston Public Schools

LEGAL APPRENTICESHIP PROGRAM FACT PATTERN

Spring 2006

Cook v. Boston Central Charter School

For several years, there has been an increasing problem with weapons and
violence at Boston Central Charter School. For example, in April 2005 a fight started
among several students on the playground during recess and knives were drawn. Two
students were stabbed, including Jake Williams, who was then in the seventh grade. A
teacher, Mr. Sullivan, witnessed the stabbing, and was able to call for help in time to save
both boys. Unfortunately, both boys were seriously injured. Jake received a deep cut on
his arm and its movement is now limited. His budding basketball career is over.

After the April 2005 fight, Ms. Estes, the principal of Boston Central Charter
School made a zero tolerance rule for weapons possession on or near school grounds.
The rule reads as follows:

RULE: Possession of a weapon by a student within 1,000 feet
of school grounds will lead to immediate expulsion of the
student. For the purpose of this rule, a weapon is any
instrument which may inflict serious bodily injury.

The zero tolerance weapons rule was announced to the entire school at an
assembly held in late April 2005, and was published in the Student/Parent Handbook in
August 2005. Every student receives a copy of the handbook, which must be read and
signed by each student and his or her parent or guardian. Every student in the school
received the handbook, and signed and handed in the signature page from the back by the
end of the first week of school.

Tracey Cook was an eighth grader at Boston Central Charter School. On the
morning of September 15, 2005, Traceys mom packed her lunch, as she usually did.
Lunch that day was chicken breast leftover from dinner the night before, chips and a
yogurt. Traceys mom also included a spoon, fork and table knife, wrapped up in a
napkin, in the lunch bag. During morning recess on the playground, Tracey decided to
eat part of her lunch for a snack. She took out the yogurt and then pulled out the napkin-
wrapped utensils. The knife fell out onto the blacktop. Jake Williams, who had returned
to school by this time after recovering from the stabbing, picked up the knife and handed
it back to Tracey.

Before Tracey could put the knife away, Mr. Sullivan saw it. Seeing the flash of a
blade, Mr. Sullivan grabbed Tracey and brought her to the principals office. Ms. Estes,

Page 47 of 59
wanting to set an example, expelled Tracey from school in accordance with the zero
tolerance rule of weapons.

Tracey and her mother are now suing the school to have her readmitted. Trial is
set for May 11, 2006.

Page 48 of 59
AFFIDAVIT OF AMY COOK

My name is Amy Cook and I am the mother of Tracey Cook.
On the morning of September 15, 2005, I packed a lunch for my daughter Tracey.
The lunch which I prepared for my daughter included chicken breast leftover from dinner
the night before, chips and a yogurt. I also put in the lunch bag some utensils; a spoon, a
fork and a table knife which I wrapped in a napkin.
Later that morning while I was at work I received a telephone call from the
principal at Boston Central Charter School. The principal, Ms. Estes, asked me to come
to the school to pick up my daughter and bring her home. When I arrived at the school
Ms. Estes told me that she had expelled Tracey from the school for bringing a weapon
into school. When I asked Ms. Estes what the weapon was, she showed me the table
knife which I had packed with Traceys lunch. I told Ms. Estes she was being silly and
that I had packed the knife in a napkin as part of Traceys lunch. Ms. Estes said that the
schools policy on zero tolerance for weapons was clear and that she had to make an
example of Tracey.
I remember seeing a Student/Parent Handbook at the beginning of the school
year. Shortly after the expulsion I suggested to Tracey that she write to Ms. Estes
requesting to be readmitted to the school. Ms. Estes denied her request.

Page 49 of 59
AFFIDAVIT OF EVE ESTES
My name is Eve Estes and I have been the principal of Boston Central Charter
School for the past eight years. Over that time, I have noticed an increased problem of
weapons and violence at school. In April 2005, two students were stabbed on the
playground during recess. One of the students stabbed was Jake Williams.
My main concern is for the safety of students of Boston Central Charter School.
After the fight in which Jake was injured, I instituted a zero tolerance rule for the
possession of weapons on or near school grounds. I announced the rule to the entire
school at an assembly held in late April and I published the rule in the Student/Parent
Handbook in August 2005. I think that the rule is very clear. All of the parents and
students in this school, including Amy and Tracey Cook, signed the student handbook
containing the rule.
On September 15, 2005, Mr. Sullivan brought Tracey to my office. Mr. Sullivan
told me what happened and showed me the knife that Tracey brought to school. I
immediately enforced the zero tolerance rule and expelled Tracey from school. In my
mind, a knife is a knife and Tracey broke the rules. Although I do not think Tracey
brought the knife to school to hurt anyone, I believe her expulsion should stand.

Page 50 of 59
The Not so Public School

Fact Pattern

Page 51 of 59

Page 52 of 59

Page 53 of 59

Page 54 of 59

Page 55 of 59

Page 56 of 59

Page 57 of 59

Page 58 of 59

Page 59 of 59

Mock Trials

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Mock Trials

Uploaded by

Copyright:

Available Formats

Page 1 of 62

CITIZEN SCHOOLS MOCK TRIALS 2006 Citizen School Inc.

You might also like