ANNOUNCEMENTS

• Mock trial is from 12-3:25 on Thursday at the La Plata County Courthouse 1060 E 2nd Ave
• Park on 3rd or in neighborhoods to not have to pay meter.  DO NOT BE LATE!
• Carpool??
• Honors: Remember to finish first half of Cat's Cradle  by next Tuesday! EXTENSION ON FINAL SEMINAR to Tuesday 1/31.
• Don't forget to cite your sources! Create a bibliography and include that with your final written components.
• No electronic devices in courthouse!
• Shay Denning will be here to help anyone who would like feedback on their written components/witness Q and A, etc.... Who thinks they'd like to meet with her? Would be nice to have witness/lawyer duos meet with her as necessary.

Starter
Review your team's checklist for turning stuff in.  What questions or concerns do you have for me?

• Lawyer checklist
• Witness checklist
• Judge checklist

Agenda
LAWYERS-- have your team's note taker enter your team's evidence into THIS GOOGLE SPREADSHEET

Lawyers and Witnesses
1. Meet as a team to discuss your final Theory of Case and how each witness fits into that. COMPLETE THIS TEMPLATE (Make a copy of it first then share it with your entire team AND Ashley).

2. REMINDER: When  you turn in your direct and cross exam questions, you must also include "Evidence Summary"
Evidence summary (Lawyers and Witnesses!)
-          Title of evidence
-          Link to evidence
-          Brief summary of the piece of evidence (What is it?)
-          Most important lines/passage (ok to copy and paste)
-          How this evidence helps your case
-          How this evidence might hurt your case (if it does not hurt your case and you’re certain of that, write n/a)

3. Now get to work on your written components.  

4. Practice Q and A with witnesses if time today

WITNESSES
1. Review the evidence the other team plans to use for your cross-examination and formulate cross-ex questions based on that!  It should be in THIS GOOGLE SPREADSHEET once lawyers have entered it today.

2. Keep working on direct and cross-examination questions.  Please type them up for me with the evidence summary included for both witnesses!

​JUDGES

1. Create a schedule/script for our mock trial.  Here is an example from a former class. You will need to go around and ask the lawyer team's for their order,  and roughly how long they estimate needing for each witness.  Here are the witnesses: Prosecution: Lazo, Korematsu, Munson, Ringle, Biddle, Hoover Defense: D'Ille, Stimson, DeWitt, Masaoka, Bowron and Bendetsen Be sure to allow at least 20 minutes for arrival, set-up, quick rehearsal and then 15 minutes at the end for feedback/debrief.  
2. Write "FACTS OF THE CASE" which one of you will read to introduce the case.  Be sure to show this to me once you think you are done!
3. Begin watching 12 Angry Men. This film has some similarities to the current case. Listen intently to the conversation.  Individually answer these questions as the movie progresses and record them on your same document as the Summary of Case paper

a. Pick a juror in the movie. Describe the opinion that he initially formed about the case and why. Is this a proper way for a juror to form an opinion?
b. Did the one dissenting juror believe that the defendant was guilty, did he think the man was innocent, or did he concern himself with these thoughts at all?
c. Do you think that the dissenting juror planned to try to convince the others of his opinion all along? What were his methods of persuasion?
d. Do you think that the jurors thought that the boy had killed his father? Should they have voted to convict if they held that belief?
e. How would you have voted in this case? Why?

Starter #6

• Consult your team's calendar and set goals as a team for what you need to accomplish by Tuesday.  Write down your goals in your starter doc.
• By Tuesday, I need a list of which order you want to direct examine your witnesses AND what evidence you plan on using with EACH witness in the trial!

AGENDA
1. Let's read through the following "Rules for Submitting Evidence":
RULES FOR SUBMITTING EVIDENCE For each exhibit that you want to present to the judges, I would recommend taking the following steps:
1)      Make copies of the exhibit for you, the other lawyer, the witness and the judges (just one for all the judges is fine). TOTAL OF 4 COPIES.   
2)      Pre-mark the exhibits in the order in which you will present them in the trial. Mark them as Defense or Prosecution Exhibit A, B, C, and so on....
3)     Lay a foundation to get the evidence admitted:

• When you get ready to talk about the exhibit (i.e.: you have put your witness on the stand, taken them through the introductory questions, and you are at the point where you are ready for the witness to read from their report) – Say: “Your honors, may I approach the witness?”  You have to ask the Court’s permission before you walk up to where they are sitting or walk up to the witness.  The judges should say something to the effect of “go ahead” or “you may”.
• Walk up to the witness and say: “I am handing you what has been marked as Defense (or Prosecution) Exhibit A; Without telling the Court what that is, do you recognize the exhibit?”
• The witness says “Yes”
• Lawyers says: “What is it?”   
• The witness says: “It is a report that I wrote about the loyalties of the Japanese people living in America.” – Or whatever it is, the witness just needs to briefly describe what the document is.
• Lawyers says: “Does the report appear to be complete and accurate?”
• The witness should briefly flip through the pages and then say “Yes”
• Turn to the judges and say: “Your honors, I move for admission of Defense Exhibit A.”
• The judges should ask the Prosecution if they have any objections.  Valid objections are that the witness lacks personal knowledge sufficient to authenticate the exhibit; or that the exhibit is inadmissible based on hearsay, relevancy or something like that. – You can argue to the judge that the Prosecution’s objection is invalid and that the exhibit should be admitted over their objections.
• The judges then decide if it should be admitted.

If you get the report admitted: just proceed with your case and ask the witness about the exhibit.  
If you are unsuccessful in getting the report admitted: you cannot use the exhibit anymore, so just put it aside.  If that happens, you are ok – just ask the witness questions about what they did rather than have the witness read from the report.  For example:  Instead of saying, “read the first paragraph on page 3 talking about what you found while interviewing the Japanese-American citizens;” say “What did you find when you interviewed the Japanese-American citizens.”  You witness will just need to be ready to give an answer that basically follows the report.  Same thing for the Cross-Examination witness – they will not help you out like your witness, so be ready to say things like – “Isn’t it true that your report said X, even though the report you received from your expert said Y?”    

Here are some other thoughts about exhibits:
To be admissible, an exhibit must be relevant to the case and be authentic.  To do this, you need to introduce the exhibit through a witness who can testify as to its authenticity.  Also, even after the exhibit meets this first test, it can still be excluded if it is otherwise inadmissible because of hearsay.  Let’s say you want to submit two military reports, a letter and a poster.  The reports and letters should be admitted to the witness who wrote those reports.  The poster. The poster is a bit harder – you need to get someone who can testify to the existence of the poster and where it came from.  Do you have a soldier who was handed the poster to assist in weeding out which people to put in the camps?  How about a top official who would have given the order to print out these posters?  Maybe someone who was interned in the camps who saw the soldiers using the poster to decide whether or not to put people in the camps?  If you cannot find anyone on your list that can talk personally about the poster, you may not be able to get it in.  If you get desperate, I would pick one of the guys that spent time in the camps to say that this poster was plastered on the wall at the camp and he saw people consulting the poster to decide whether to put someone in the camp.
End of Rules for Submitting Evidence
****************************************************************************************************************************
Agenda Continued
2. Let's practice submitting evidence!

3. PEER CRITIQUE
A. Read the rubric that relates to the preparation requirements for your assigned role.  Summarize the requirements to your team and what aspects of your written components or research you need to improve or need help on the most for today's critique.

B. Decide which written component you most need help with and exchange that with a classmate.  Using the rubric, evaluate each other's written pieces and provide specific feedback on:

• Spelling/grammar
• Rhetorical impact (does the writing have good ethos/pathos/logos?)
• To what extent is the piece of writing true to the character/role?
• How can the writing contain more detail, evidence, or emotional impact?

4. Work Time! 
​

Starter: Evaluate the rhetorical impact of this closing statement from To Kill a Mockingbird

• Think about his use of ethos and pathos-- what is an example of ethos and pathos from this statement?
• Pay attention to how he ties in his legal team's theory of the case

Link to a template/example opening and closing statements (you have this in your team folders too)

Class Biz

• Honors Lunch Meeting today
• Peer Critiques tomorrow!

Agenda
1. Opening/Closing Statement workshop with Lawyer Dave Austin
2.  Work Time (see specific roles below)

Lawyers

1. Draft opening/closing statement (See below for guidelines on opening/closing statements)
2. Refine team’s Theory of Case
3. Gather evidence and finish draft of direct and cross witness examination, etc…

Witnesses

1. Refine testimonies and work and work on direct/cross exam Q and A.
2. Work on required reading/research due tomorrow
3. Help your lawyers find evidence.

Judges

1. Work as a judge team to design and create posters for the exhibition. Print those by the end of class tomorrow (or have Ashley help) and post them around school.  Also post a BIG one for our trial room.
2. You will also need to make placards for all students for the trial.  Ask Ashley for instructions!

Starter #4:  Cross Examination scene from A Few Good Men
As you watch the video clip, try to jot down 2 examples of LEADING questions that Tom Cruise asks his witness

PLOT SUMMARY: In this dramatic courtroom thriller, LT Daniel Kaffee, a Navy lawyer who has never seen the inside of the courtroom, defends two stubborn Marines who have been accused of murdering a colleague. 

Agenda
1. Silently read over guidelines for cross-examination (see below) and jot down questions you have for Matt Kenna.
2. Cross-Exam workshop with Matt Kenna
3. Work Time (see below)

Lawyers: Develop Direct and Cross-examination questions for your assigned witnesses.  Gather evidence to use during direct and cross.

​Witnesses:  

1. Complete the discussion guide on your assigned readings: "Jap's a Jap". (Ignore the section/questions for "Korematsu v. US")
2. Brainstorm potential cross-examination questions you anticipate getting from the opposing lawyer team.
3. Continue working on direct examination questions with your lawyer and finding evidence relevant to your witness (memos/letters/reports, etc...)

Judges: Keep writing that summary of the case! Check in with Ashley if you're stuck or ahead of schedule!

Cross-Examination Guidelines

• The purpose of the cross-examination is to try to get the person on the stand to agree with the facts that support your case and discredit the opposing side’s argument.
• Focus your questioning on just the main points that support your case. Questions that require yes/no answers allow you to remain more in control of the situation. For example, during the cross-examination, you can state a fact and have a witness agree or disagree with it. During the cross-examination, you are allowed to ask leading questions. (You are not permitted to ask leading questions during direct examination.)
• During the cross-examination, listen very closely to the answers that are being given.
• Never argue with a witness— it is improper and does not make a good impression on the judges.
• If you get an unexpected answer, remain calm and continue as if nothing has happened. If the witness keeps 
responding to your questions with “I don’t know,” don’t worry because they are probably making a bad 
impression on the judges.
• Prior to the mock trial, you are not allowed to discuss the case with witnesses from the opposing side and can 
only question them during the trial.

During the Trial

• Listen carefully when the witness for the other side testifies. Your goal in cross- examination is to get the witness to admit to some fact that will help your side.
• Always address the judges as “Your Honor[s]”. Always stand when you are speaking to the Judges. Be calm and courteous to everyone. Say “thank you, Your Honor” after the judge has ruled on an objection. Do not show disappointment or anger.
• Do not address questions or comments to any of the other lawyers. Talk to the judges.
• Listen carefully to the questions of the opposing lawyer. You may object if the lawyers ask questions which do not satisfy the rules of questioning.{leading question for direct examination; irrelevant or has nothing to do with the case; personal knowledge, opinion when not an expert}
• If you ask a question, and another lawyer objects, listen to the objection and then tell the judge why your question should be allowed.
• Do not ask questions to which you do not know the answers.

 Starter #3
1. How should direct examination questions be formatted/structured? What type of questions are NOT allowed?
2a. Lawyers and Witnesses:  Craft one direct examination question you imagine being asked or asking during our trial.  Choose which witness.
2b. Judges: List out as many of the types of objections that you remember as possible.  
3. Now, read over the direct examination guidelines (SEE THE END OF TODAY's BLOG POST) and jot down any questions you have for our guest lawyer, Matt Kenna.

CLASS BIZ
Mountain Middle School 8th graders are having a mock trial tomorrow at 5:30 at the courthouse.  GO! Support them! They are coming to ours!
HELPFUL Mock Trial RESOURCES (These are on the project page  of my DP too)
A.  Helpful Links for Evidence/Reports/Background info

• Compilation of memos/letters/reports by various key internment camp "players"
• Good source for Biddle witness and lawyers (pages 53-55)
• Good source for Hoover witness and lawyers
• Good source for DeWitt witness and lawyers

B. Direct-Examination Video (see the embedded video below)

C.  Info on Curtis Munson and the Munson report-  GOOD source for both prosecution and defense. 

•  http://encyclopedia.densho.org/Munson_Report/
• ​http://www.digitalhistory.uh.edu/active_learning/explorations/japanese_internment/munson_report.cfm

D. Examples of Opening Statements:

• Murder Trial Opening Statement
• Opening Statement from Nuremberg Trial- Supreme Court

E.  Examples of Closing Statements:

• Criminal Case Closing Statement Example (not a real trial)
• From the film A Time To Kill (murder trial- sensitive content here)

F.  Examples of Cross Examination Questions:

• University of South Carolina Mock Trial: Expert Witness

G.  Direct-Examination Questions:

• Example of 

AGENDA
1. Direct Examination workshop led by guest lawyer, Matt Kenna (see below for guideliens on Direct Exam)
2. Group Check-ins (see both A and B below)
    A. Whole Group Check in: Lawyers and Witnesses, meet as one big group and share out all of your individual research thus far: How does it fit together? What gaps are there? What evidence have you found so far? Who needs to find more evidence? (Each witness should have one piece of evidence for them and EACH lawyer needs to have two pieces of evidence they plan on using during the trial during witness examinations).
​
       B. Individual team check-ins

• Review your rubrics (they are in your folders).  One person read aloud the rubrics for Preparation and Performance.  Do you have any questions or concerns?
• Review your team calendar.  What are TODAY's objectives? What deadlines do you have this week?  Look ahead at both weeks too and take some time to manage your time and distribute your work as you think necessary.
• Discuss your team's theory of case (check in with Ashley about this esp. Defense Team)

3. Work Time (lawyers, take advantage of Matt Kenna's presence to ask him questions about your case)

Direct Examination

• The purpose of the direct examination is to ask clear and simple questions that allow the witnesses to tell the complete story. Your team can win the trial on the strength of the direct examination.
• Decide the order of the witnesses you will call.
• Write questions that ask for facts, which are relevant to the case you are building. All witnesses should be asked identifying questions such as: What is your occupation? Where do you work? How are you related to this case? Do you have any expert credentials?    
• Make a list of direct questions. Then write the answers you expect the witness to give. Remember each question should only cover one piece of information at a time. Questions should ask the witness to describe the scene and the relevant information so the judge can visualize the event.
• Start at the beginning. Avoid jumping around in time and instead design questions that get the witness to tell the story chronologically one step at a time.
• What is the information you want the judge to hear at the very end, in order to make a lasting impression? Write a question designed to emphasize the main thing you want the judge to learn from this witness.
• Go over the witness statement with your witness and practice getting the story out through your questions.
• Coach your witnesses on what questions you think the opposing lawyers might ask on cross examination.
• Practice your questions and refer only briefly to notes.
• The judges tend to remember what is said first and last. Therefore, work with your team to think about any 
possible weaknesses in your case and present them somewhere in the middle of the direct examination. It is usually most effective to be forthright about any weaknesses in order to preempt the opposing side from bringing them up. Also, it is recommended that your team schedules the strongest witnesses to be the first and last to take the stand.
• If your witnesses get nervous and forget to mention important details, it is your job to ask questions that will draw out those details. If a witness says something unexpected and harmful to the case, remain calm and go to another question to try to refocus the judge’s attention.
• Advise your witnesses to listen carefully to the opposing attorney during the cross-examination and only answer the question that is asked. Witnesses should never volunteer information under cross-examination.

Starter #2:
What is your team's main defense or "story"?  Think back to the mock mock trial run through we did last Thursday: Tinker v. DesMoines School District.  The Prosecution's story was all about how the School District violated the 1st Amendment and Mary Beth Tinker had a right to express her views about the Vietnam War.  Meanwhile, the Defense argued that not all speech is protected and a school needs to protect ALL of its students and ensure a non-disruptive, safe, environment.  
JUDGES-- write out the story for BOTH sides that you would anticipate hearing.

Class Biz

• Honors meeting Thursday at lunch.  ALL students who want to be in or stay in honors must attend.
• Lawyer Matt Kenna will be here tomorrow to help with direct examinations, etc.... We have several guest lawyers over the course of the next week!  
• Student Witness Testimonies/Bios will be in THIS FOLDER
• WITNESSES-- Finish your assigned readings by WEDNESDAY!
• Friday is meant to be peer critique of your written components! Would this be useful? 

ASHLEY'S NOTE TO HERSELF:  Show witnesses and lawyers the template for direct exam questions!  Also put witness testimonies/bios into google doc folder!  Meet with Judges to go over the summary of case paper expectations.

Agenda
1. Lawyers and Witnesses, meet as one big group to complete the "Final Report" Discussion Guide.  Make a copy of it, elect one notetaker and one "taskmaster", who will read instructions  on the doc and keep the group on track.   Judges, meet with each other to do this.  

2. Lawyers, once you finish the Final Report discussion, join Ashley for the Workshop on writing a theory of the case.  I'll go over what to ensure you are thinking about and communicating to each other as you prepare your case.

3. Work time (See below for specific role tasks)

TODAY'S OBJECTIVES/AGENDA ITEMS BASED ON YOUR ROLE
LAWYERS

1. Draft your team’s “theory of the case”

• What is the overall story?
• What major legal/political/social factors play into this? 
• What pieces of evidence support that story?
• How do the witnesses support or harm that story? (This may need to come later)

2. Review Witness Testimonies – meet with your witness to go over their testimonies.

JUDGES

• Meet with your fellow judges and discuss key takeaways from “The Final Report”. Enter notes into the doc. On Ashley’s DP
• Begin writing your summary of the case paper.

WITNESSES
DUE:  2nd Witness Testimony/Bio-- SHARE IT WITH ASHLEY AND YOUR LAWYER!

1. Submit your 2nd witness testimony to your lawyer
2. Listen to presentation by your lawyer team on their “theory of the case”
3. Begin looking for evidence about your witness that you think might help your lawyer.
4. Meet with your lawyer to go over your testimonies

Keep the same google doc of starters, but start the numbering over again for second semester!
STARTER #1 (to be completed in  your google doc of starters): 
Video #1: Opening Statement Example
As you watch, take notes on:
1. What is the lawyer’s main argument?
2. What do you notice about his “performance” and “etiquette”
3. What lessons can you learn to apply to our trial?
​4. Let's look at the guidelines I gave lawyer and compare the video clip to those guidelines

Video #2: Closing Argument from A Time to Kill 

• What do you notice about the structure of a closing argument?
• Let's compare it to the closing statement guidelines I provided for lawyers

AGENDA
1. Review your team's calendar and discuss what today's objectives and tasks are.
2. Then, please review the following guidelines based on your role to structure your work time and get to work!

For Lawyers and Judges: "Jap's a Jap" and "Korematsu v. United States" Discussion Guide: As a group, make a copy of this, elect a notetake and share it with all group members and Ashley.

JUDGES
1. Meet with your fellow judges and discuss key takeaways from “A Jap’s A Jap” and “Korematsu v. US”. Take notes on the document above!
2. Continue research for your summary of the case
HMWK:  Read “the Final Report” by Monday

LAWYERS
1. Meet with your lawyer team and discuss key takeaways from “A Jap’s A Jap” and “Korematsu v. US”. Take notes on the document above!
2. Continue research on your assigned witness and start seeking evidence.
Suggestion: Read up on Executive Orders: http://en.wikipedia.org/wiki/Executive_order
HMWK:  Read “the Final Report” by Monday

WITNESSES
DUE: 1st Witness Testimony

1. Share a google doc version of your witness testimony/bio with Ashley and your lawyers.  
2. Try to finish your 2nd witness testimony today!

HMWK:  Finish the second of your witness testimonies/bios by Monday

*ASHLEY WILL PUT WITNESS BIOS into the google doc folder (in the "Student Work 2017 sub-folder) for this project located on the Project Documents page  so all lawyers can access