2021-2022
05/08/2022 - 05/14/2022
Mr. Salber
Monday
05/09/2022
8th Grade Mississippi Studies
As a result of this lesson,
students will be able
to:
1. Explain main concepts of
the trial process, including the
purpose of a trial, parties in
criminal and civil cases, types
of evidence,
burden of proof in criminal
cases (beyond a reasonable
doubt) and civil cases
(preponderance of the
evidence), the job of the
defense, and discovery; and
2. Define the terms: affidavit,
alibi, civil case, criminal case,
defendant, defense,
deposition, discovery,
evidence, expert testimony,
impeachment, physical
evidence, plaintiff,
prosecutor, testimony, trial,
trier of fact, and witness.
Direct Instruction
Ask students what they know
about the trial process from
movies, television, or their
own
experiences. You may wish
to prepare a few examples of
video clips or pictures to
show
students.
2) Allow students five minutes
to brainstorm with a partner
or partners.
Tuesday
05/10/2022
8th Grade Mississippi Studies
As a result of this lesson,
students will be able
to:
1. sequence the steps in a
trial;
2. explain the roles of
attorneys, witnesses, judge,
and jury in the trial process;
and
3. identify the type of case
and the corresponding
burden of proof.
Direct Instruction
1) Distribute Handout
2A—Steps in a Trial.
2) Allow students 20 minutes
to read the information while
highlighting or underlining
important
vocabulary and concepts
Guided Practice
3) Distribute Handout
2B—Steps in a Trial Graphic
Organizer.
4) In pairs or small groups
allow students eight minutes
to complete the graphic
organizer using
Handout 2A—Steps in a Trial.
5) Review the order of a jury
trial in Handout 2B with
students.
6) Ask students why the
prosecution or plaintiff
presents their case first.
Explain that since the
Wednesday
05/11/2022
8th Grade Mississippi Studies
As a result of this lesson,
students will be able
to:
1. Explain the purpose of
devising a theory of the case;
2. Prepare a timeline;
3. Analyze the elements of
the crime and self-defense;
and
4. Construct a theory of the
case for either the plaintiff/
prosecution or the defense.
Direct Instruction
1) Ask students to imagine
they are in the middle of an
argument with a sibling and a
parent
comes into the room and
asks, “What’s going on?” Ask
students what usually
happens next.
Answers may vary: students
will likely say that they both
start to explain what
happened from their
perspective
and why they are correct or
why they are the wronged
party presenting the facts in
the light most favorable to
themselves.
2) Inform students that they
likely already have lots of
practice developing a theory
of the case
because that is exactly what
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Thursday
05/12/2022
8th Grade Mississippi Studies
As a result of this lesson,
students will be able
to:
1. Explain the elements of a
well-written and presented
opening statement;
2. Write an opening
statement for either the
prosecution or defense in the
case of People v. Taylor;
3. Simulate presenting an
oral argument at trial; and
4. Evaluate their group’s
opening statement and those
of the other groups in the
class.
Direct Instruction
1) Put students in small
groups.
2) Give each group a puzzle
and set a timer for 10
minutes. Instruct them to
begin work.
3) After 10 minutes when the
timer goes off, instruct groups
to count the number of pieces
they
were able to put together.
4) Ask groups to guess what
their puzzle is a picture of
when it is completed.
5) Give groups the box top for
their puzzle that shows the
picture.
6) Set the timer for 10 more
minutes and allow students to
Friday
05/13/2022
8th Grade Mississippi Studies
As a result of this lesson,
students will be able
to:
1. Explain the purpose of the
rules of evidence;
2. Recognize the following
objections: argumentative,
asked and answered,
badgering, compound,
firsthand knowledge,
hearsay, leading questions,
narration, opinion, outside
scope, and relevance;
3. Make proper objections to
violations of the rules of
evidence; and
4. Identify how to respond to
an objection.
Direct Instruction
1) Ask students to
brainstorm:
• What is the purpose of rules
in sports?
• What might happen without
rules in sports?
• What happens when people
break the rules in sports?
2) After students have shared
their responses, explain that
trials are adversarial like
sports with
teams competing against
each other to emerge
victorious.
Then ask:
• What might be the reasons
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Mr. Salber
3) Ask students to volunteer
answers and record for the
class to see. (NOTE: this list
will be
used in the debrief later in
this lesson.)
4) Distribute Handout
1A—The Trial: Setting the
Scene.
5) Allow students 20 minutes
to read the information on the
handout while highlighting or
underlining important
vocabulary and concepts
Guided Practice
6) List the following six
concepts on the board/flip
chart paper or project your
computer screen:
• Purpose of a Trial
• Parties in Criminal and Civil
Cases
• Types of Evidence
• Burdens of Proof in Criminal
vs. Civil Cases
• The Job of the Defense
• Discovery
7) Divide students into small
groups and give each group a
large sheet of flip chart paper
or allow
students to create
presentation slides.
8) Explain that each small
group will be responsible for
illustrating and then
explaining one of
the six concepts to the rest of
the class. (NOTE: These
concepts are explained in
burden of proof is on the
prosecution in a criminal trial
and the plaintiff in a civil trial,
they
present their cases first. This
allows the defense the
opportunity to see the
evidence put forth
before presenting their case.
7) Lead a discussion about
how the role of prosecutor or
plaintiff’s attorney differs from
the role
of defense attorney.
8) Ask students to brainstorm
the difference between
opening statements and
closing arguments.
9) To complete this activity
online, students should insert
text boxes into the graphic
organizer. 6) Ask students
why the prosecution or
plaintiff presents their case
first. Explain that since the
burden of proof is on the
prosecution in a criminal trial
and the plaintiff in a civil trial,
they
present their cases first. This
allows the defense the
opportunity to see the
evidence put forth
before presenting their case.
7) Lead a discussion about
how the role of prosecutor or
plaintiff’s attorney differs from
the role
of defense attorney.
8) Ask students to brainstorm
the difference between
lawyers do but on a larger
scale
3) Explain to students that
when a team of lawyers is
preparing a case, the first
thing that they do
is craft a theory of the case.
The theory of the case is the
fundamental argument as to
why
their side should win.
Sometimes the theory will
change as preparation for a
case continues.
For example, if Joe was
accused of murder, his
defense team would devise a
theory using the
facts of his case that (a) he
could not have been there
(an alibi), (b) that someone
else did it,
or (c) that he did not have
any reason to do it (lack of
motive). The lawyers would
pick one
theory and that would guide
every part of their case from
their opening and closing
statements, to the questions
that they would ask of the
witnesses, to the evidence
they would
present.
Guided Practice
4) Tell students that they will
now practice developing the
theory of the case for three
scenarios.
Put students into groups of
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work now knowing what
image they
are trying to build.
7) When the timer goes off,
instruct groups to count the
number of pieces they were
able to put
together.
8) Compare the number from
the first 10 minutes to the
second 10 minutes. Groups
are usually
much more successful after
they know what they are
trying to build.
9) Ask students why they
were more successful after
they saw the picture on the
box. Students
might answer that once they
saw the big picture or they
were able to see how the
smaller pieces fit together
more
easily.
Guided Practice
10) Ask students to
brainstorm what the elements
of a strong opening statement
might be.
11) Write their responses
where the class can see the
list and you can return to it at
the end of
class (e.g., board/flip chart
paper).
12) Distribute Handout
5A—Opening Statement Tips
13) Allow students 10
minutes to read the
05/08/2022 - 05/14/2022
to have rules for questioning
in a trial?
• What kind of rules might be
needed during a trial to make
sure it is fair?
Guided Practice
3) Distribute Handout
7A—The Simplified Rules of
Evidence.
4) For each rule of evidence:
a) Review the rule, the
objection, and possible
response.
b) Ask for an example of a
rule violation, other than one
given in the text.
c) Discuss what harm could
come if that particular rule did
not exist.
5) Move students to small
groups of 3–5 students.
6) Distribute Handout
7B—Rules of Evidence
Hypotheticals.
7) Instruct students to work in
their small group using the
rules of evidence in Handout
7A
and applying them to the
hypotheticals in Handout 7B.
8) Review the directions: For
each of the following
examples, decide if the
question or answer would be
allowed at trial or if it violates
the rules of evidence. If it
does not violate a rule, check
the box for “not
objectionable.” If it does
violate a rule, check the box
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Mr. Salber
Handout
1A—The Trial: Setting the
Scene.)
9) Assign each small group a
concept and allow 15 minutes
to complete the task.
10) Ask students to designate
a presenter for the group.
11) Guide groups while they
present their concepts.
12) Check for understanding
by asking questions
regarding vocabulary and
concepts after each
presentation. Invite questions
from the class.
13) You may wish to hang the
drawings up or make slide
presentations available for
students to
refer to during mock trial
planning.
Matching Trial Terms (20
minutes)
14) Distribute Handout
1B—Matching: Trial Terms.
15) Allow students time to
match the terms/phrases to
the definitions.
16) Review answers and
check for understanding.
Summary and Debrief (10
minutes)
17) Refer to the list the
students generated at the
beginning of class. Ask
students to evaluate the
list determining if the
information can be confirmed,
was proven inaccurate, or
has not been
opening statements and
closing arguments.
9) To complete this activity
online, students should insert
text boxes into the graphic
organizer.
Independent Practice
10) Divide students into small
groups and give each group a
large sheet of flip chart paper.
11) Distribute Handout
2C—Sequencing: Steps in a
Jury Trial.
12) Explain that each small
group will order the events in
a jury trial in the correct
sequence
without using Handout 2A or
2B for reference.
13) Instruct students to cut
out the boxes. As they
complete this task students
should discuss
where each step falls in the
sequence of the trial.
14) Groups should place the
pieces of paper on their sheet
of flip chart paper. When they
are
confident that they have
ordered the steps correctly,
they should tape, glue, or
paste the pieces
down.
15) To complete this activity
online, students should copy
and paste boxes with a
snipping tool
into a blank Word document.
three and distribute Handout
4A—Theory of the Case
Scenarios.
5) Ask a student volunteer to
read the instructions aloud.
6) Tell students that they
have 12 minutes to work in
their groups and agree on a
theory of the
case for the plaintiff or
prosecution (depending on
whether the case is a civil or
criminal case)
and the defense. Write the
ending time on the board/flip
chart or project on a screen.
7) Tell the students to start by
reading the case summaries
aloud in their groups.
8) Circulate among the
groups to answer any
questions they may have.
9) When time is up, call the
class back together. Ask a
group to volunteer to read
their theory of
the case for the prosecution
in Case 1. Then ask if any
group had a different theory.
Emphasize that while there is
no correct answer, some
theories will be more
successful in
court than others. Included in
the steps below are possible
theories for each case to
share if
not already shared by the
students.
• Case 1, Theory for the
Prosecution: Jessie needed
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information while highlighting
or underlining important
vocabulary and concepts.
14) Review the list of key
elements on Handout 5A and
compare to the list students
generated.
Check for understanding.
Independent Practice
15) Divide students into an
even number of small groups
(3–4 students per group).
16) Explain that each small
group will be role playing the
attorney team of either the
Independent Practice
prosecution
team or the defense team for
the case they created
theories for in Lesson 4.
17) Assign half of the small
groups to be prosecution
teams and half to be defense
teams.
18) Instruct students to find
their copies of Practice Mock
Trial: People v. Taylor
(students
should already have this from
Lesson 4).
19) Review the theories of
the cases students generated
in Lesson 4.
20) Distribute Handout
5B—Opening Statement
Outline for Criminal Trials (if
using People
v. Taylor or another criminal
trial). If you choose to use a
civil trial, distribute Alternate
Handout 5B—Opening
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for “objection” and write your
objection as you would
state at trial.
9) Allow students 15 minutes
to complete the hypotheticals
10) Review each hypothetical
inviting students to volunteer
their answers and reasonings
and ask
clarifying questions.
11) Optional extension: Have
students rewrite objectionable
questions to adhere to the
rules of
evidence, if possible.
12) Break class into 10 small
groups or pairs.
13) Inform students that this
activity will help them
recognize improper
questioning in a trial,
understand the rationale for
evidentiary rules, and provide
valuable practice in
conducting
proper introductions of
evidence.
14) Distribute the strips of
Handout 7C—Objection!
Rules of Evidence Practice
Cases
(prepared before class),
giving one case to each small
group.
15) Instruct students to write
questions based on the case
summary they were
assigned. Tell
them to write a few questions
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Mr. Salber
discovered yet.
18) As you review each item,
put a check next to confirmed
information, strike out
inaccurate
information, and circle
information not yet covered.
16) Students can check their
own work by referring to
Handout 2A or 2B.
17) Have groups display their
final charts. Correct any
incorrectly placed events.
NOTE: Although the
sequencing must remain
constant, there are many
ways students might
choose to visually represent
the steps in a trial. Invite
students to explain why they
organized their
visual as they did.
Independent Practice
the money to avoid being
expelled so she burgled
the bank.
10) Ask a different group to
volunteer to read their theory
of the case for the defense.
Then ask if
any group had a different
theory.
• Case 1, Theory for the
Defense: Jessie did not need
the money, and she has an
alibi.
11) Follow that same
procedure for all three cases.
• Case 2, Theory for the
Plaintiff: Dr. Plastics was
overtired and made a medical
error.
• Case 2, Theory for the
Defense: Bobby’s medical
condition was the cause of
the issue in surgery.
• Case 3, Theory for the
Plaintiff: Dwayne is just
looking for a reason not to
pay his rent.
• Case 3, Theory for the
Defense: Tiffany is an
irresponsible landlord who
does not care about the
building or its tenants.
12) Ask if anyone has any
questions about the three
cases.
13) Ask students to think
about what they usually do if
they have misplaced
something like their
Page 4 of 12
Statement Outline for Civil
Trials.
21) Review the outline on
Handout 5B. Ask students for
questions and clarify if
needed.
22) Allow students 10
minutes to compose an
opening statement outline for
their assigned side of
the case. Circulate to offer
feedback.
23) After 10 minutes,
distribute Handout
5C—Opening Statements
Simulation. Review the
checklist with students.
24) Instruct students to
evaluate the statement they
have written using the
checklist on page 1 of
Handout 5C, and revise
based on their evaluation. If
they are missing a key
element, they
should add it at this time.
25) Instruct students to
choose a presenter from their
group.
26) Allow students time to
have their presenter give the
opening statement to the
group and have
the rest of the class provide
feedback.
27) Assign an order to the
groups by distributing the
cards on Handout
5D—Opening
Statements Order.
05/08/2022 - 05/14/2022
and answers that are not
objectionable before they
write the
objectionable question. Tell
students that each group/pair
will present their dialog to the
class.
16) Allow students 10
minutes to complete their
questions and answers. If
students finish
writing before time is called,
instruct them to rehearse
their questions/answers.
17) Instruct students that
when they are not involved in
a case, they may object by
standing up.
18) Call the cases and allow
students to present their
dialog.
19) As students stand to
object, ask one of the
standing students to
volunteer and correctly state
their objection. Ask another
standing student to explain
the objection. For example, in
a
hearsay objection, they may
say “hearsay, because the
witness did not directly see
the crime happen but is
only saying what they heard
later about it.” When making
objections, students should
practice
using the proper form of
address. For example, “Your
Honor, I object to (type of
objection) because
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Mr. Salber
phone or their keys.
Student answers may vary
but will likely include: they
retrace their steps; they
create a mental timeline of
where
they have been and the last
time they remember having
the lost item.
14) Ask students why
creating a mental timeline
might be helpful.
15) Explain that creating a
timeline when preparing for a
mock trial can be helpful for
some of the
same reasons. Timelines can
help lawyers evaluate the
feasibility of possible theories
to see if
they work with the known
information.
16) Tell students that to
create a timeline for a mock
trial, they will place all events
in order. This
can reveal inconsistencies
between witnesses, like if a
witness might be
remembering
something inaccurately or
could be lying. It can also
help show causal
relationships between
different events. The timeline
will help students examine
their theory of the case to
make sure
all elements work with the
available facts.
17) Tell students that they will
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8) Remind students who are
not presenting that they will
be checking off the elements
as they
hear them demonstrated in
the group’s opening
statements.
29) Alternating between
prosecution and defense
teams, have each group
present and allow a few
minutes after each
presentation for students to
complete their evaluations.
30) After each set of opening
statements (1, 2, 3, etc.), take
a moment to highlight the
elements
each group effectively
demonstrated.
31) After all groups have
finished, ask students what
some of the most memorable
catch phrases
were and why.
32) Ask students to reflect on
their own group’s opening
statement and ask what they
might do
differently the next time they
write one.
33) Refer to the list the
students generated at the
beginning of class. Ask
students to evaluate the
list determining which
elements they now find
important and star or highlight
them.
34) If you began the lesson
with the optional Bell-ringer
05/08/2022 - 05/14/2022
(reason)” or “Objection, Your
Honor, the attorney is (type of
objection) (reason).”
20) Offer feedback after each
case and correct any
inaccuracies.
21) After all groups have
finished, thank students for
their participation.
22) Ask them to recall the
brainstorming they did at the
beginning of class about why
rules are
important in sports and the
courtroom.
23) Ask them to consider
what they have learned about
the rules of evidence.
24) Ask students to have a
short (5 minute) discussion in
their small groups about
these two
questions:
• Are these rules sufficient to
make a trial fair?
• Would you add any rules of
evidence to make a trial
fairer?
NOTE: If you chose to reduce
the number of objections on
the student handout, this is
an
ideal place to introduce the
objections you omitted that
pertain to students’ answers
to these
questions.
25) Ask each group to
summarize their short
discussion in a sentence or
two.
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Mr. Salber

now practice drafting a theory Activity, ask students to make 26) Ask each group to share
of the case and preparing a connections between that their summary.
timeline activity and the rest of the
for the mini-mock trial: People lesson on opening
v. Taylor. statements. Student
18) Distribute Handout answers will vary but may
4B—People v. Taylor include: it is just as important
Timeline. Make sure students for juries to see the big
also have a copy picture of the case to
of the People v. Taylor trial. understand how the
19) Ask a volunteer to read witnesses and testimony fit
the instructions aloud. into the theory of the case as
20) Divide students into an it is for someone doing a
even number of small groups puzzle to
(3–4 students). see the box top.
21) Assign half of the small
groups to be prosecution
teams and half to be defense
teams.
22) Tell students they have
10 minutes to complete
Handout 4B. Write the ending
time on the
board/flip chart or display on
the screen.
23) Circulate among the
groups to answer any
questions they may have.
24) When time is up, ask
each group to share an item
from the timeline round robin
style. Post the
answers on the board,
screen, or flip chart. Continue
until the timeline is complete.
Student answers will vary but
should include:
• Alex and Ezra go to The
Club.
• Taylor comes up to their
table.

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Mr. Salber

• Taylor speaks to Ezra.

• Alex asks Ezra, “Do you
know this person?”
• Ezra replies, “No.”
• Alex tells Taylor, “Get lost!”
• Argument takes place/fight
ensues.
• Police are called.
• Taylor arrested for assault.
• Taylor claimed Alex caused
the fight and that it was self-
defense.
25) Students should remain
in the same small groups as
the last activity and keep the
same
assignment of prosecution or
defense attorneys.
26) Explain to students that to
develop a strong theory of the
case, attorneys must analyze
the
elements of the crime in order
to prove to the jury either how
they have met each element
(prosecution) or that the
prosecution has not met them
(defense).
27) Distribute Handout
4C—Elements of the Crime
and Self-Defense: People v.
Taylor.
28) Review the directions:
Before creating a theory of
the case, you must break
down the elements of the
crime in
order to ensure you are able
to prove each element
beyond a reasonable doubt
(prosecution) or show

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Mr. Salber

reasonable
doubt about the elements of
the crime (defense). In the
left-hand column, bullet out
the elements of assault and
battery. In the right-hand
column, bullet out the
testimony and evidence for
your side you plan to use to
prove
(prosecution) or disprove
(defense) each element.
29) Tell students they will
have 10 minutes to complete
the first part of Handout 4C in
which
they must analyze the
elements of the crime of
assault and battery and
brainstorm how their
side’s testimony will prove or
disprove those elements.
30) Call the class back
together and review the left-
hand column only (the
elements of the crime).
(See the answer key for
Elements of the Crime and
Self-Defense—People v.
Taylor at the
end of this lesson for possible
answers.)
31) Review the directions for
the elements of self-defense:
Before creating the theory of
your case, you
must assess how you plan to
prove the elements of self-
defense (defense) or show
that the elements of self-
defense

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Mr. Salber

cannot be met (prosecution).

In the left-hand column, bullet
out the elements of self-
defense. In the right-hand
column, bullet out the
testimony and evidence for
your side you plan to use to
prove that self-defense is or
is not a
defense in this case.
32) Tell students they will
have seven minutes to
complete the second part of
Handout 4C in
which they must analyze
elements of self-defense and
brainstorm how their side’s
testimony
helps prove or disprove those
elements.
33) Call the class back
together and review the left-
hand column only (the
elements of the selfdefense).
(See the answer key for
Elements of the Crime and
Self-Defense—People v.
Taylor at the end of this
lesson for possible answers.)
34) Remind students that
their group should consider
the elements of assault and
battery and selfdefense when
creating their theory of the
case, People v. Taylor.
35) Using the same groups
and assignments, instruct
students to use the timeline
and elements of
the crime to create a theory
of their case. Remind

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Mr. Salber

students that the prosecution

should focus
on proving the elements of
assault and battery and that
the defense should focus on
raising
reasonable doubt and/or
proving self-defense.
36) Distribute Handout
4D—Theory of the Case:
People v. Taylor. Allow
students 15
minutes to create their theory
of the case.
37) Ask the prosecution
groups to share their theories
of the case.
People v. Taylor Prosecution:
Taylor was drunk,
aggressive, and bothering
Ezra. Alex, her date, came
to her defense and asked
Taylor to leave. This made
Taylor angry, so he punched
Alex. Taylors actions were
therefore intentional,
unlawful, unprovoked,
threatening, and showed a
use of force upon the
physical person of
Alex.
38) Do the same for the
defense groups.
People v. Taylor Defense:
Taylor saw Ezra, an old
girlfriend whom he knew
loved to dance, in a club so
he asked her to dance. When
she agreed to dance with
him, her date, Alex, became
jealous and enraged and

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Mr. Salber

punched Taylor who only

fought back in self-defense.
Taylor therefore took
reasonable steps to defend
himself
with reasonable force as he
feared for his own safety
based on Alex’s conduct and
provocation.
39) Ask students if it is
important that all team
members agree on the theory
of the case? Why?
Student answers will vary but
may include: case because
every part of their
case—opening statements,
direct
questions, cross examination
questions, and closing
arguments—must work
together to prove their theory
of the
case. Therefore, everyone’s
part in the case revolves
around the theory of the
case.
40) Ask students if they think
it is easier to craft a theory of
the case for the plaintiff/
prosecution
or the defense? Why?
Student answers will vary but
may include: It is easier to
craft a theory for the defense
because they don’t have
the burden of proof; It is
easier to disprove a claim
made by the prosecution/
plaintiff than it is to prove a
claim;

Page 11 of 12 Week View

2021-2022
05/08/2022 - 05/14/2022
Mr. Salber

The defense may have

multiple theories as to why
the prosecution/plaintiff’s
claim is wrong

Page 12 of 12 Week View