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Witness Rubric

Beginning Developing Accomplished Exemplary


Score
1 2 3 4
Student did very little Student had to be reminded several
Student worked well but Student worked during
Class work. He/she had to be times to work. He/She had a
had to be reminded a few class at all times
Participation reminded repeatedly to continue tendency to talk instead of
times to work. without being told to.
working. working.
Notes on Trial
Notes were not taken in Notes were taken but missing very Notes were missing just a Notes were complete
Procedures and
preparation for the trial. important information. few parts. and useful.
Case

Courtroom Excellent Good Poor


Presentation 3 2 1
Student was well prepared.
Spoke loudly
and clearly.
Dressed
appropriately
Used proper courtroom
etiquette.
Followed trial procedures.

Jury Rubric
Developing Accomplished Exemplary
Beginning Score
2 3 4
1
Student did very little Student had to be reminded
Student worked well but had to
Class work. He/she had to be several times to work. He/She Student worked during class at
be reminded a few times to
Participation reminded repeatedly to had a tendency to talk instead all times without being told to.
work.
continue working. of working.

Paper was less than Paper was satisfactory. There Paper was well written. No
Student did not put forth
Jury satisfactory. Many were several errors. All grammar, spelling and/or
any effort required for
Duty Summary errors. Questions were not questions were answered but punctuation errors. Answered
this paper.
answered appropriately. not completely. all questions completely.
Notes were useful and
Trial Notes were not taken Notes were missing a few
Notes were incomplete. complete. Useful in
Notes during the trial. parts.
determining a verdict.

Lawyer Rubric
Excellent Good Average Poor
10 pts 8 pts 7 pts 6 pts
Opening Excellent Good Average Poor
Argument
Attorney is completely at ease with Attorney may be a bit nervous Very nervous in front of the The attorney is completely unprepared.
the jury. Does not appear nervous; in front of the jury or maybe jury; perhaps because s/he Notes used almost constantly.
does not use notes. Moves away from uses notes from time to time. is unprepared. Heavy Completely monotonous voice tone and
podium. Uses easily comprehensible Stands at the podium. A bit of a dependency on notes. no eye contact. The jury seems very
language with voice inflection and eye Monotonous voice, some eye Stands at podium. Voice is confused through no fault of its own.
contact. Tells the jury what s/he contact. Argument is very monotonous; eye
expects it to do. Thanks the jury. Very comprehensible. Mostly contact is rarely used.
polished. polished, with a few guffaws. Argument is confusing, and
the presentation in general
is flawed.
Direct Excellent Good Average Poor
Examination
The attorney clearly leads (without The attorney for the most part The attorney seems Attorney is clearly and completely unprepared.
leading in a legal sense) witnesses leads (without leading in the unprepared. Fumbles over Attorney seems unaware of evidence and in all
through the facts to which they legal sense) witnesses through words, seems unnecessarily likelihood loses the case for the state or his/her
testify. Uses physical and verbal the facts to which they testify nervous. Misses introducing client. Monotonous voice and little= to-no eye
evidence from both witnesses and with only one or two procedural key pieces of evidence, that contact.
experts effectively and prudently. errors. May miss the may or may not have
Constructs a very strong case for the introduction of some evidence resulted in losing the case.
jury. Easily audible. Excellent eye into the court record, though Voice is weak / monotonous.
contact. these are minor elements that Eye contact is poor.
do not blow the case. Good eye
contact, good voice.

Cross Excellent Good Average Poor


Examination
Asks questions related only to Questions stray once or twice Questions mostly do not Questions are all sustained via objection
evidence introduced by opposing from testimony, facts, and refer to the testimony, facts, as they attempt to introduce new evidence
counsel. By doing so, effectively evidence. Disproves at least and/or evidence previously that was missed during direct. Refusal to
disproves at least one key piece of one key piece of evidence but submitted. By not cross- cross-examine results in the opposing
evidence that opposing counsel decision to not cross-examine examining, key facts are left counsel's almost assured victory. Poor
argues. OR appropriately does not may seem questionable. Good unchallenged. Somewhat voice / poor eye contact.
cross examine witnesses or experts. voice / good eye contact. monotonous voice / limited
Excellent voice / excellent eye eye contact.
contact.

Use of Excellent Good Average Poor


Objections
Objections are used with a high Objections are made with a Objections seem to be made The concept of the "objection" seems
degree of efficacy and accuracy. They moderate degree of efficacy with little legal completely lost on the attorney. Objections
are used not only as defense to refute and accuracy. However, the consideration. Or objections seems to be made for the sake of making
opposing counsel's case, but also to attorney's may make a mistake are not made when they them. Or objections are not being used
draw attention to unstated fact / in two in the assignment of should be - more than three and opposing counsel is getting facts into
opinion. Strong voice and eye- causation for the objection. times. Good voice / good evidence that should not be. Poor voice /
contact. Strong voice / strong eye eye contact. poor eye contact.
contact.

Closing Excellent Good Average Poor


Argument
The attorney effectively summarizes Good summary of his/her case The attorney seems The attorney is most clearly unprepared,
his/her key points AND helps to but does not adequately attack unprepared in general and stumbling over words and/or ideas. Little
dismantle opposing counsel's case. opposing counsel. Maybe does not use good thought and planning with regards to
Attorney charges the jury with a forgets to charge the jury. presentation technique and presentation technique. Overall, an
responsibility. Speaks with confidence; Good voice / good eye contact. style including voice and eye ineffective closing.
strong voice / strong eye contact. contact.
Name: _______________________
Mock Trial Judge Rubric
• Superior understanding of rules and procedure is evident in rulings on objections.

100 •

Effective authoritative demeanor throughout.
Absolutely fair treatment of both parties.

5
• Kept good records.

94
• Verdict is clear, supported strongly by evidence, logically consistent, and
impartial.

• Competent understanding of rules and procedure is evident in rulings on

85 •


objections. Over-reliance on rule book sometimes delayed the proceed
ings.
Effective authoritative demeanor may be inconsistent.

4
• Absolutely fair treatment of both parties.
• Kept good records.
• Verdict is clear, supported strongly by evidence, logically consistent, and

78
impartial.

• Weakness in understanding of rules and procedure is evident in rulings on objections. Over-reliance on rule
book often delayed the proceedings.
• Effective authoritative demeanor was inconsistent.

71 •


Absolutely fair treatment of both parties.
Kept good records.
Verdict is mostly clear, supported by evidence, somewhat logically consistent, but impartial.

3 65
• Serious weakness in understanding of rules and procedure is evident in rulings on objections.

• Over-reliance on rule book often delayed the proceedings.

2
• Ineffective authoritative demeanor impeded justice. May be some bias in treatment of parties.

58
• Kept good records.
• Verdict is unclear, supported weakly by evidence, may have logically in-
consistencies.
INFORMATION
There is no credit for tasks scoring below level 2. The rubric is on a five-point scale to parallel the NYS essay rubrics.

Bailiff
Excellent Above Average Average Poor
10 pts 8 pts 6 pts 4 pts
Active Excellent Above Average Average Poor
Involvement
Student is constantly engaged in Student is often engaged in trial activities. Student is often engaged in trial Student is not involved with the trial activity.
trial activity. Student does not Student could participate more in class activity. Student needs a Student needs constant reminders to get
need reminders to stay on task. activity, but is never causing a distraction. reminder to get back on task and back on task. Student is distracting to the
can be distracting to teacher and class as a whole.
classmates.

Knowledge Excellent Above Average Average Poor


Anticipates and follows courtroom Courtroom procedure is upheld. Follows standard courtroom Student does not follow standard
procedure. Student demonstrates procedures. Students courtroom procedures Student is
mastery of character demonstrates knowledge of unsure of role expected in trial process.
character.

Performance Excellent Above Average Average Poor


Student talks clearly, loud enough Student was loud enough most of the time. Student mumbled at times; spoke Student was difficult to hear. Student
for all to hear. Student has quietly some of the time. did not practice.
practiced for their part

Attitude Excellent Above Average Average Poor


Student is positive about the Student is positive about the activities Student is neutral about the Student has a negative attitude.
activities being learned in class and being done in class. activities. Student spreads mixed Student makes the experience bad
sets the example for students feelings around the class, both for others around him/her.
around him/her. positive and negative.
Work Excellent Above Average Average Poor
Product
Student clearly understands and Student needs prompting to complete trial Student is unsure as to their role Student has clearly not rehearsed or
performs role. tasks. in the trial process. engaged in learning about their role.

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