Illinois State Bar Association
Mock Trial Teacher Training Session
Saturday, October 21, 2006
Synopsis of the discussions:
Goals of the Program
1. To increase student understanding of the American judicial system.
2. To familiarize students with the law, courtroom procedures, and the legal system.
3. To build bridges of cooperation, respect and support between the community and the legal profession.
4. To improve basic skills such as listening, speaking, writing, reading, analyzing, and working as a team.
5. To learn the meaning of good citizenship in a democracy through participation in our system of law and justice.
6. To develop team spirit, establish objectives, and work toward a common goal. Students who participate in the mock trial program increase their knowledge and skills, understand our system of justice better and are able to articulate in a reasoned, thoughtful manner.
Rules and Procedures
Specific attention was paid to the rules that call for impeaching a witness. If there is a contradiction in testimony, it is appropriate to impeach. If a witness states something that is not contained in the materials, it is appropriate to impeach.
This discussion arose because there used to be a rule that allowed for an objection of "creation of material fact." Now the students must deal with creations or misstatements with effective impeachment. Being able to do a basic impeachment is very important and is a good way to impress the scoring judge and evaluators. However, this should never reach the level where the student lawyer is badgering or too argumentative.
What do you do if only four team members show up?
Section XII. A. Page 7 of the Rules states:
If a team experiences illness or other problems, which renders the majority of team members unable to participate, the team may continue in the mock trial program with a minimum of five participants (three acting as attorneys and two acting as witnesses); however, teams with fewer than five available participants will automatically forfeit the opportunity to proceed to the final eight trials, but may continue participating so long as the reduced number does not infringe on the ability of the opposing team to perform.
What if a team is late?
Section XII. A. Page 7 of the Rules states:
Teams are expected to be in the assigned courtrooms at the time trials are scheduled to begin. The start of trial will be held no longer than fifteen (15) minutes. If a team fails to appear within the 15-minute time allotment, that team will forfeit the trial and the opposing team will assume the role of a "bye" team.
"Bye" teams are awarded the average number of points achieved by all teams participating in that particular trial time slot or may go to trial at a later time if appropriate arrangements can be made.
If your team is going to be late, due to traffic, missed turns, or what have you, we will publicize a telephone number at the event location you can call. Or, on Friday, you may contact the Illinois State Bar Association offices and leave a message in the legal department which will be forwarded to the trial location.
During a trial, I think I saw a teacher/parent/lawyer coach pass a note to his/her team. What should I do?
This no communication rule extends to students who are alternates, seated behind those who are participating. Absolutely no communication is allowed between the official team members and those who are not participating, teachers and/or parents.
Section XV. Page 8 of the Rules Handbook states:
During the trial, including any recess or unplanned breaks, coaches and all other observers may not talk, signal, pass notes, or otherwise communicate with or coach their teams (this includes those team members who are alternates during a given trial). Team members not actively participating in the mock trial currently being conducted may not communicate with team members who are actively participating either during the trial or during any recess that may be called.
If confirmed, this is a rules infraction and should be brought to the attention of the presiding judge at the conclusion of the trial. The Judge may call forward those accused of the communication for an explanation. If the Judge deems that an infraction has occurred, the Judge may advise the evaluating attorneys that points be deducted for this infraction.
I can't get parents to sign and return the consent forms and I know ISBA wants them before we come to trial. What do I do?
Parental consent is mandatory for participation in this program. If ISBA does not receive a signed consent form prior to trial, the student will not be allowed to participate. This means that if teachers think that a student may make the team, consent forms should be signed and forwarded to ISBA. We'd rather have 30 signed forms and you only use 10 students than have even one consent form missing.
More and more parents want to come and view the trials. Will there be room?
If you have a large parent/guest contingent coming with you to trials, we advise that you inform us. Simply e-mail
dschecht@isba.org or send Donna a note stating that you will be bringing a large group to view the trials. Some rooms are larger than others. Efforts will be made to schedule trials for those with large numbers of guests in larger rooms. This is, however, not always possible as we are experiencing more and more parental involvement. We will do our best but are unable to guarantee that everyone will be accommodated.I have a student with special physical needs. Will ISBA be able to accommodate?
As the mock trials are conducted at the University of Illinois at Springfield, the building is completely accessible. If the student has a hearing or speech issue, please notify us and we will advise the judge and evaluating attorneys that accommodations should be made to allow time for an interpreter or whatever other assistance may be utilized. In these special circumstances, time limits may be expanded to accommodate.
The team is responsible for bringing a sign language interpreter, if that is necessary for the student to participate fully in this program.
Some members of my team are only able to participate on one of the trial days. May I request to take the law test or do prosecution/defense on a specific day so this person can participate?
You may make this request, but there are no guarantees that we will be able to accommodate if we receive too many special request. Please limit requests of this type to those that are absolutely necessary. For instance, if your team just likes to sleep late, don't ask for a later time. Please note that trials begin on Friday as early as 11:00 a.m. If you are unable to arrive in Springfield that early due to distance issues, please indicate so on your registration form. When pairings are done approximately two weeks prior to trial, it's too late to make these requests. After pairings are released is not the time to make a special request.
Can my students watch other trials when they aren't presenting?
Section XVI, Page 8 of the Handbook states:
If students and teachers wish to view a trial on Saturday, they must wait outside the courtroom until the participating teams are seated, and their families and guests are also accommodated. If space permits, students and teachers may view the trial, but must remain in the courtroom until the trial is completed. Viewing students may be asked to leave the courtroom at any time at the discretion of the presiding judge or an ISBA LRE Committee member.
Why don't you power match and/or release our scores?
A sub-committee recently reviewed high school mock court programs throughout the country. Different formats and scoring systems were examined, including power matching. The Illinois format provides for the invitational program to be conducted during one weekend. Each team participates in two trials in the first round, with the eight highest scoring teams advancing to the championship round for an additional trial. A written law test is included as part of the preliminary scoring. Within the parameters of a single weekend program and the reality that any scoring is ultimately subjective, the Illinois format provides:
The Handbook states, on page one:
It is important that all participants in the mock trial program understand that any evaluation of student work and presentation skills at the state level is extremely subjective and that scores will not be released as they are only used as a part of the overall prerequisites for the ISBA to select a team to attend the National High School Mock Trial Championships on the Friday and Saturday of Mother's Day Weekend in May (Dallas, Texas in 2007). The National Mock Trial Championships are conducted on Friday and Saturday. Winning team members should be prepared to arrive at the event no later than Thursday and depart on Sunday.
The Illinois State Bar Association, the Law Related Education Committee members, and the volunteer lawyers and judges all strive to evaluate teams and individuals in a fair and equitable manner; however, as with any subjective rating system inconsistencies may occur. As in the Illinois courts, those who are disappointed with, or excited by, the results are expected to conduct themselves with appropriate decorum and respect.
It is our opinion that releasing scores or rankings does nothing to enhance the educational aspects upon which we concentrate in the mock trial experience. The Committee has provided rubrics for teacher use and firmly believes that the evaluation process for student performance during the mock trials is far too subjective to be truly meaningful as an educational tool. Grading and evaluating criteria for student achievement in mock trials rests solely with the teachers and attorney coaches. After all, the teachers and the coaches are the only ones who know what the students knew when they started and how much they learned and grew during the entire learning experience.
How do you come up with the questions on the Law Test?
Questions are submitted by teachers and are compiled for review by the Mock Trial Subcommittee or members of the LRE Committee with considerable mock trial experience. Questions that are considered not relevant to the case or the materials are generally not included; however, some questions may be included that the Committee feels high school students should know. There are no "trick questions."
Why do we need to participate in a regional or practice trial before coming to the State trials in Springfield?
To ensure that all teams arrive with some level of competency, we instituted the "practice trial" rule. It is our hope that teams that attend this event rise to the challenge of meeting articulate and prepared opponents.
There is some "wiggle room" with this rule. If your regional is cancelled due to weather or other emergency situations, the Committee may waive this entry requirement. In addition, if your team is from a remote area, you may "practice" by splitting your team and presenting within your own school or district. These practice trials help hone skills and develop confidence, which ensure that all teams arrive in Springfield with a certain level of competence.
Some teams come to the mock trials dressed in professional-looking garb, suits and ties, etc. My students don't have the funds to "dress up." Will it count against them if they don't wear a suit and tie?
While teams are encouraged to wear appropriate courtroom attire and show respect for the Court, this simply means that all participants should be neatly dressed, hair combed, shoes tied, etc. This doesn't necessarily mean that they must wear suits. Have students dress to the best of their ability. It means more to have them behave well, and articulate effectively, than to wear a suit and tie. Students are not expected to have to buy new clothes.
What if the direct examination of an opposing witness is incredibly weak. Cross is supposed to be limited to what was brought out on direct. How will I get any score if I can't ask any questions?
There is a mock trial rule that allows some discretion of this happens. See the Simplified Rules of Evidence, Section A.2.b., which states:
b. Scope of cross-examination: For mock trial purposes, attorneys may, in a limited sense, ask questions on matters not brought out during direct examination; however, generally questions should be limited to facts brought out on direct. Grounds for an exception to this Rule are caused by inadequate conduct of direct examination. If a team asks limited questions on direct as a strategy to undermine the opposing team, they may be penalized by receiving a lower score on the evaluation by not exhibiting sufficient expertise for the evaluators to score AND they may hurt their side of the case presentation when the expanded cross-examination brings out necessary information of value to the opposing team.
What's the best way to select my team?
Teachers can find interested students in speech/debate classes, theater/drama classes, law classes, civics classes, and more. We also allow home school teams and other civic groups to field teams, if prior approval is obtained from ISBA.
You may need to conduct try outs. Feel free to use the pre-test that is available on the ISBA website to determine legal knowledge and skills.
How much would it cost us if we did win and were to go to Nationals?
The Illinois State Bar Association would pay your $300 registration fee and would provide $3000 toward attending nationals, all additional funding must come from the school and/or the families of the students on the team. The total cost depends greatly on where the nationals are located (in 2007 they will be in Dallas, TX), the number of students attending, and the number of observers who attend.
You will be required to pay for travel, hotel and meals for all attending, less the $3000 ISBA will provide. Some meals may be provided for official team members if the host state has reasonable success at fundraising. Most teams arrive as early as Wednesday and should plan on remaining until Sunday. That means four nights at the host hotel, for however many people you bring. The host state routinely blocks a number of rooms at hotels close to the courthouse(s) that will be used at nationals.
I asked Scott Roelofs of Timothy Christian about expenses for nationals. This is his response:
As you said, the cost depends on how many people you take and where the nationals are held. Albuquerque was really expensive and I'll bet we spent $15,000 (we took a lot of kids and flights were expensive). For Minneapolis we took a bus and it was probably 4 or 5 thousand. The official team is only 8 kids, but we have always taken 12 or 14. I would say for the last couple of nationals, the hotel rooms are always about $120 a night (so it depends how many kids you take and how many nights you stay-3 or 4). Plane costs always seem to be about $280 a flight, and ground transportation tends to be $200-300 dollars. So if you have only 8 kids and two coaches (3 rooms) it would probably be about $5 or $6 thousand dollars if you stay 4 nights. The ISBA money would cut that in half. Some schools also give meal money to the team and coaches. We have a guy who calls around to alumni and local lawyers to raise money.
Remember:
LRE Committee members were asked what makes a winner. They offered the following comments:
Preparation
Poise
Speaking with good diction and loudly enough to be heard
Not reading
Good eye contact
Ability to think on their feet and respond accurately
There is a flow to direct and cross
There are quick and accurate responses to objections
Responses are on point
There is a precision on introduction of evidence
They are not ruffled when necessary to impeach or object
They don't look lost or befuddled
Closings are masterful, persuasive and accurate
There is a level of professionalism when speaking to teammates and opposing counsel
Positioning and pace are important
Limiting responses on cross to yes or no answers
Not allowing damaging information on cross
Entering exhibits accurately
Showing respect for others and the court
Civility
Judge Coady and the other members of the Law-Related Education committee expressed their thanks to those who participated in the session and complemented the teachers and lawyers on their enthusiasm and energy. They are serving as wonderful examples to the students.
High School Mock Trial Rubric - Team Participation
For use in teaching the mock trial process and for evaluating team presentations.
These forms are provided to help teachers and coaches evaluate student learning in the mock trial process. This rubric is specifically formulated for students who are working as a team to accomplish a goal.
1 - poor 2 - below average 3 - good/average 4 - strong/effective 5 - excellent
1. Each member of the team has a clear understanding of the mock trial rules of procedure.
2. Each member of the team has a clear understanding of the burden of proof.
3. Each member of the team is able to present information in logical and articulate manner.
4. All members of the team contribute, listen and respect each other.
5. All members of the team understand the steps in the trial.
6. All members of the team attend meetings, practices and trials regularly.
7. All members of the team understand that they are limited to the materials provided in the mock trial packet.
8. All members of the team understand good citizenship and fairness.
9. All members of the team are aware of alternative dispute resolution processes.
10. All members of the team understand the American judicial system.
High School Mock Trial Rubric - Attorney Opening/Closing
For use in teaching the mock trial process and for evaluating student presentations.
These forms are provided to help teachers and coaches evaluate student learning in the mock trial process. This rubric is specifically formulated for students who are assigned the task of crafting and presenting an opening statement or a closing argument.
1 - poor 2 - below average 3 - good/average 4 - strong/effective 5 - excellent
1. Student comprehends the various statements of fact and has a clear idea of the burden of proof.
2. Student provides an accurate synopsis of what needs to be discussed in an opening statement.
3. Student provides an accurate synopsis of what needs to be discussed in a closing argument, and understands that there are limits on what may be included based on what is discussed during the trial.
4. Delivery of opening and/or closing is clear and concise, with minimal reliance on notes.
5. Student speaks clearly and loudly enough to be heard throughout the room.
6. Student directs comments to the appropriate audience; including judge, jury or witness, with good eye contact.
7. Student exhibits appropriate courtroom decorum and respect for all parties in the trial, including opposing counsel and witnesses.
8. Statements are organized into thoughtful and methodical presentations.
9. Appropriate time limits are followed.
10. Students performing closing arguments use appropriate information only and indicate that they listened and understood opposing arguments.
High School Mock Trial Rubric - Attorney Direct/Cross
For use in teaching the mock trial process and for evaluating student presentations.
These forms are provided to help teachers and coaches evaluate student learning in the mock trial process. This rubric is specifically formulated for students who are assigned the task of crafting and presenting an opening statement or a closing argument.
1 - poor 2 - below average 3 - good/average 4 - strong/effective 5 - excellent
1. Student comprehends the various statements of fact and has a clear idea of the burden of proof and is able to establish a foundation for documents.
2. Student develops questions for direct that indicate a clear understanding of the case and how it should be proved.
3. Questions are appropriate for direct or cross, i.e. no leading questions on direct.
4. Delivery of questions on direct and/or cross is clear and concise, with minimal reliance on notes.
5. Student speaks clearly and loudly enough to be heard throughout the room.
6. Student directs comments to the appropriate audience; including judge, jury or witness, with good eye contact.
7. Student exhibits appropriate courtroom decorum and respect for all parties in the trial, including opposing counsel and witnesses.
8. Statements are organized into thoughtful and methodical presentations.
9. Appropriate time limits are followed.
10. Student knows when to object, and on what grounds and is able to explain articulately why objections are made or should be overruled.
High School Mock Trial Rubric - Witnesses
For use in teaching the mock trial process and for evaluating team presentations.
These forms are provided to help teachers and coaches evaluate student learning in the mock trial process. This rubric is specifically formulated for students who are serving as mock trial witnesses.
1 - poor 2 - below average 3 - good/average 4 - strong/effective 5 - excellent
1. Students are familiar with all mock trial rules.
2. Students understand the burden of proof.
3. Students are familiar with their witness statement and any additional information provided in the mock trial packet that is relevant to the case at hand.
4. Student understands that they must respond accurately, within the information in their witness statement, to questions asked by mock trial attorneys.
5. Appropriate time limits are followed.
6. Student speaks clearly and loudly enough to be heard throughout the room.
7. Student directs comments to the appropriate audience; including judge, jury or witness, with good eye contact.
8. Student exhibits appropriate courtroom decorum and respect for all parties in the trial, including opposing counsel and witnesses.
9. Student portrays the witness in a convincing manner, within the rules (i.e., no costumes, props, dialects or accents).
10. Student can perform the role of witness without use of notes.
Additional Information
Past ISBA mock trial problems are available for classroom use via the Internet at http://www.isba.org/Sections/lawrelateded.html
While official mock trial teams registered and participating in the state mock trial event each spring are limited to the materials provided by the ISBA for this event, as an additional classroom exercise, teachers and students are encouraged to expand on the materials provided.
Other Participants in the Trial - Not all students will be able to participate as a mock trial witness or lawyer. Other roles are open to students:
Judge Jury
Bailiff Timer
Court Reporter Journalist/Reporter
Courtroom artist
Students may also be asked to read law-related books and develop mock trial witness affidavits based on the characters in the books. The ISBA Website contains a law-related reading list that can be used for this assignment. http://www.isba.org/Sections/lawrelateded.asp
Or ask students to watch one of the movies listed below and create a witness statement or affidavit based on one of the characters depicted:
A Civil Action (1999) A Few Good Men (1992)
A Man for All Seasons (1966) Absence of Malice (1981)
Adams Rib (1949) Amistad (1997)
Anatomy of a Murder (1959) And Justice For All (1979)
Billy Budd (1962) Birdman of Alcatraz (1962)
Breaker Morant (1980) Catch Me if You Can (2003)
Class Action (1991) Cool Hand Luke (1967)
Dead Man Walking (1995) Erin Brockovich (2000)
Gideon's Trumpet (1980) Gosford Park (2001)
Holes (2003) I Am Sam (2001)
In the Name of the Father (1994) Inherit the Wind (1960)
Judgment at Nuremberg (1966) Knock on Any Door (1949)
Kramer v. Kramer (1979) Legal Eagles (1996)
Liar, Liar (1997) Lord of the Flies (1990)
Losing Isaiah (1995) Midnight in the Garden of Good & Evil (1997)
Miracle on 34th Street (1947) (1994) Mr. Deeds Goes to Town (1936)
Mrs. Doubtfire (1993) Murder in the First (1995)
My Cousin Vinny (1992) Nuts (1987)
O Brother, Where Art Thou? (2000) Paris Trout (1991)
Paths of Glory (1957) Philadelphia (1994)
Presumed Innocent (1990) Reversal of Fortune (1990)
Robin Hood: Prince of Thieves (1991) Rules of Engagement (2000)
Schindler's List (1993) Snow Falling on Cedars (2000)
Sommersby (1993) Suspect (1987)
The Accused (1988) The Caine Mutiny (1954)
The Castle (1999) The Client (1994)
The Crucible (1996 The Devil and Daniel Webster (1941)
The Devil's Advocate (1997) The Firm (1993)
The Fugitive (1993) The Incident (1989)
The Insider (1999) The Life of Emile Zola (1937)
The Onion Field (1979) The Ox-bow Incident (1943)
The Paradine Case (1947) The Pelican Brief (1993)
The Rainmaker (1997) The Shawshank Redemption (1994)
The Star Chamber (1983) The Sweet Hereafter (1997)
The Thin Blue Line (1988) The Verdict (1982)
The Winslow Boy (1999) (1948) The Wrong Man (1956)
Time to Kill (1996) To Kill a Mockingbird (1962)
Twelve Angry Men (1957) Wag the Dog (1998)
Whose Life is it Anyway? (1981) Witness for the Prosecution (1957)
Young Mr. Lincoln (1939)
REVISED SCORE SHEET 2007
Illinois State Bar Association High School Mock Trial Score Sheet
JUDGES AND EVALUATORS PLEASE NOTE: NO re-direct or re-cross are allowed in this program
Plaintiff ______________________________________ Defense ______________________________________
On a scale of 1-5 please rate the teams for all categories below,
recording a score in each box provided, including the tie breaker ("TB") boxes.
1-Not effective 2-Fair 3-Good 4-Excellent 5-Outstanding
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SCORING CHART |
PLAINTIFF/PROSECUTION |
DEFENSE/DEFENDANT |
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Opening Statement |
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Plaintiff's 1st Witness |
Direct Exam by Atty (P) |
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Cross Exam by Atty (D) |
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Witness Performance (P) |
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Plaintiff's 2nd Witness |
Direct Exam by Atty (P) |
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Cross Exam by Atty (D) |
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Witness Performance (P) |
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Defendant's 1st Witness |
Direct Exam by Atty (D) |
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Cross Exam by Atty (P) |
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Witness Performance (D) |
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Defendant's 2nd Witness |
Direct Exam by Atty (D) |
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Cross Exam by Atty (P) |
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Witness Performance (D) |
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Closing Arguments |
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Overall Advocacy Skills Of Team (TB) |
Understanding of trial procedures |
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Overall Understanding of Materials and Rules Of Team (TB) |
Use of materials in proving case, knowledge of mock trial rules |
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Overall Presentation Skills Of Team (TB) |
Poise, confidence, diction, teamwork, etc. |
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TOTAL POINTS |
Nomination for Outstanding Attorney __________________________________________
Nomination for Outstanding Witness __________________________________________
Evaluator's signature: ______________________________________________________
Do not show scores to the students, teachers or guests. Please return all completed score sheets to the presiding judge at the conclusion of each trial. He/She will return them to the trial coordinator. Thank you.

ILLINOIS STATE BAR ASSOCIATION
High School Mock Trial Invitational
SUBMISSION OF SUGGESTIONS AND COMMENTS
The Illinois State Bar Standing Committee on Law Related Education conducts the annual ISBA Mock Trials program for Illinois high schools. Volunteer lawyers, judges, educators compose the committee, and we are supported by ISBA staff members. The committee continually reexamines procedures to determine if improvements may be made and welcomes constructive suggestions or comments from coaches, faculty advisors, student participants, high school administrators, parents, and anyone else. Please send your suggestions for improvements or comments as to what works well to:
Illinois State Bar Association Mock Trial Office, State Coordinator
424 South Second Street, Springfield, IL 62701
Fax - (217) 525-9063 Dschecht@isba.org
A sub-committee recently reviewed high school mock court programs throughout the country. Different formats and scoring systems were examined, including power matching. The Illinois format provides for the invitational program to be conducted during one weekend. Each team participates in two trials in the first round, with the eight highest scoring teams advancing to the championship round for an additional trial. A written law test is included as part of the preliminary scoring. Within the parameters of a single weekend program and the reality that any scoring is ultimately subjective, the Illinois format provides:
The Illinois format was created – and is revised from time-to-time – in an attempt to provide the most educationally challenging and fairest system for a one weekend program. The committee welcomes your continued participation in the mock trial program, as well as your suggestions and comments.