Mock Trial Lesson 2

Steps in a Trial

Overview Outcomes

In this lesson students study the steps in
criminal and civil trials. They will explore the
roles of attorneys, the judge, juries, and
witnesses throughout the process. The lesson
will culminate in a sequencing activity in which
students will work in small groups to recreate
the order of events in a jury trial.
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.

60 minutes

1. Introduction (20 minutes)

2. Steps in a Jury Trial Graphic Organizer (15 minutes)
3. Sequencing: Steps in a Jury Trial (20 minutes)
4. Summary and Debrief (5 minutes)

Handouts
x Handout 2A—Steps in a Trial
x Handout 2B—Steps in a Trial Graphic Organizer
x Handout 2C—Sequencing: Steps in a Jury Trial

Additional Materials Needed

F Flip chart paper

F Tape, glue, or paste

F Scissors (one per student or small group)

 Lesson 2—Steps in the Trial

F Highlighters

F Laptop computers/tablet if doing the Steps in a Jury Trial activity electronically

Preparing to Teach
F Complete Mock Trial Lesson 1—The Trial: Setting the Stage.

F Optional (but highly recommended): Make arrangements for the involvement of a community
resource person such as an attorney or judge (either in person or virtually).
Be sure that person is adequately briefed regarding the following:
 the grade level, age, and prior legal knowledge of the class
 your objectives for the visit
 particular subject areas the class desires to discuss
 details of the activity you plan to conduct.
Involve the community resource person in the lesson (e.g., preparing attorneys on effective
cross-examination, judging a mini-trial, etc.) instead of having them lecture the students.

Additional Mock Trial Materials

This lesson is one of several resources that comprise Street Law, Inc.’s Classroom Guide to Mock
Trials. You can explore the other lesson plans at https://store.streetlaw.org/mock-trial-guide-
full/:
x Mock Trial Lesson 1—Setting the Stage
x Mock Trial Lesson 2—Steps in a Trial
x Mock Trial Lesson 3—Making of a Jury: Voir Dire
x Mock Trial Lesson 4—Theory of the Case and Timeline
x Mock Trial Lesson 5—Opening Statements
x Mock Trial Lesson 6—Composing Questions for Direct and Cross-examination
x Mock Trial Lesson 7—Rules of Evidence
x Mock Trial Lesson 8—Procedures for Evidence
x Mock Trial Lesson 9—Closing Arguments and Jury Instructions
x Mock Trial Lesson 10—Mock Trial Preparation
x Mock Trial Lesson 11—The Mock Trial

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 Lesson 2—Steps in the Trial

Extension
Organize a field trip to observe court proceeding (a half-day or one full day). Make
arrangements through the clerk of the local court or an attorney who practices in the local court for
a courtroom visit by the class. Courts handle student trips differently, but good communication with
the staff at the local courthouse usually will ensure a worthwhile visit. Find out what phase of a trial
the students are likely to be observing and whether it will be a civil or a criminal proceeding. Ask if
you could possibly meet with a judge, especially the one who is presiding over the trial you will be
observing.
As a homework assignment immediately after the field trip, direct the students to write several
paragraphs answering these questions:
x What kind of trial was observed and what portion?
x Who were the most important people in the courtroom and what did they do?
x What facts did you learn during your observation?
x What do you think happened after the class left?
x Did this process seem like a good way to deal with the particular problem involved?
x What alternatives would you recommend?
Read more about planning a field trip.
If you are unable to travel to a courthouse, there may be virtual courtroom field trips available, as an
extension or supplemental activity.

Introduction (20 minutes)

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.

Steps in a Jury Trial Chart (15 minutes)

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.

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 Lesson 2—Steps in the Trial

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 opening statements and closing arguments.

9) To complete this activity online, students should insert text boxes into the graphic organizer.

Sequencing: Steps in a Jury Trial (20 minutes)

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.

Summary and Debrief (10 minutes)

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.

18) 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.

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Name: ____________________________________ Period: _______ Date: ___________________

Handout 2A:
Steps in a Trial
1. Judge enters and takes the bench.
2. Preliminary motions are addressed by the judge (e.g., Is certain evidence admissible?).
3. Voir dire (questioning by the attorneys and judge to ensure an impartial jury) conducted of jury
pool (if jury trial). Jury selected.
4. Clerk calls the case.
5. Prosecutor/plaintiff makes an opening statement.
a. Defense makes an opening statement.
b. Prosecutor/plaintiff presents case:
c. Prosecutor/plaintiff calls first witness and conducts direct examination.
d. Defense cross examines the witness.
e. Optional – Prosecutor/plaintiff conducts a redirect examination.
f. Optional – Defense conducts a recross-examination.
g. Steps a, b, c, and d completed for each of the prosecution’s/plaintiff’s other witnesses.
h. Prosecutor/plaintiff rests case after all prosecution/plaintiff witnesses have taken the
stand.
6. Defense presents case in same manner as prosecution/plaintiff in #7 above:
a. Defense calls first witness and conducts direct examination.
b. Prosecutor/plaintiff cross examines the witness.
c. Optional – Defense conducts a redirect examination.
d. Optional – Prosecutor/plaintiff conducts a recross-examination.
e. Steps a, b, and c completed for each of the defense’s other witnesses.
f. Defense rests case after all defense witnesses have taken the stand.
7. Prosecutor/plaintiff makes closing argument.
8. Defense makes closing argument.
9. Prosecutor/plaintiff offers any rebuttal argument.
10. Jury instructions (if jury trial).
11. Jury/judge deliberations.
12. Verdict/decision/judgment.
13. Order (civil trial) issued/sentence (if found guilty in a criminal trial) imposed.

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The main steps in the trial sequence above—before the judge or jury start deliberating—can
be summarized as follows:
1. Opening statements by prosecution/plaintiff and defense
2. Direct examination of prosecution’s/plaintiff’s witnesses and cross-examination of
prosecution’s/plaintiff’s witnesses by the defense
3. Direct examination of defense witnesses and cross examination of defense witnesses by
prosecution/plaintiff
4. Closing arguments by prosecution/plaintiff and defense
Note how the sides take turns. In the following sections, the most critical stages of the trial are
described.

The Opening Statement

The opening statement is the introduction to the case. It is the very first time the attorneys for each
side get to tell the judge and jury their theory about what happened in the case. The first impression
is very important; it “paints a picture” of the case that will be presented for each side. Opening
statements should include: (1) a summary of the facts according to each party; (2) a summary of the
evidence that will be presented at the trial, including how you expect the witnesses to testify; and (3)
a statement regarding what the party hopes to get out of the trial. In an opening statement, an
attorney cannot present legal arguments; instead, the attorney must limit the opening to what the
evidence will show (e.g., “In this case, the facts will prove that Dr. Taylor failed to remove a surgical
sponge from the defendant’s stomach.”).

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Direct Examination
After the opening statements, the process of witness examinations begins. First, the
prosecution/plaintiff presents its witnesses, then the defense team. Each time a witness is called to
the stand, the attorney who called the witness asks a series of questions called the “direct
examination.” These questions are designed to get the witness to tell a story, reciting what they saw,
heard, experienced, or knew about the case. The questions must ask only for facts, not for opinions
(unless the witness has been declared to be an “expert” in a particular subject, such as a doctor or
fire investigator). In addition, the attorney may only ask questions and may not make any statements
about the facts, even if the witness’ answer is incorrect.

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Cross-examination
When the direct examination is completed, an attorney for the other side then asks questions to
show weaknesses or inconsistencies in the witness’ testimony, a process called “cross-examination.”
The purpose of cross-examination is to demonstrate to the judge or jury that the witness is not
credible because that witness:
x cannot remember facts,
x withheld facts during direct examination,
x told a different story at some other time,
x has a reputation for lying,
x has a special relationship or bias to one of the parties (maybe a relative or close friend, or a
grudge or feud), or
x did not have an adequate opportunity to observe (low lighting, cloudy day, only caught a
glimpse, was not wearing prescribed glasses, etc.) the events at issue.

Cross-examination questions are designed to bring out one or more of the above factors. These
questions must be limited to subjects discussed in direct examination as well as issues pertaining to
credibility or they can be objected to as “outside the scope of direct examination.” (For more
information on the rules of evidence refer to Mock Trial Lesson 7—The Rules of Evidence.)

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(Optional) Redirect Examination and Recross-examination
At the close of cross-examination, the attorney who conducted the direct examination may do a
“redirect.” A redirect examination follows the same rules of evidence as direct examination;
however, the questions are limited to subjects discussed in the cross-examination. Typically, the
redirect is very brief, giving the plaintiff the chance to “undo” any damage in the cross-examination.

Likewise, after a redirect examination, the attorney who conducted cross-examination may conduct a
recross-examination and ask questions to clarify new information brought up in redirect only.

Closing Arguments
The purpose of the prosecution’s closing argument in a criminal case is to convince the trier of fact
(judge or jury) that the evidence presented is sufficient to meet their burden of proving guilt beyond
a reasonable doubt. The purpose of the defense team’s closing argument in a criminal case is to
convince the trier of fact that a reasonable doubt remains as to the guilt of the defendant. The
purpose of the plaintiff’s and defendant’s closing arguments in a civil case is to convince the judge
or jury that the evidence presented is sufficient to meet their burden of providing a preponderance
of the evidence. New information may not be introduced in the closing argument.

Closing arguments should include:

x a summary of the evidence (i.e., witness testimony including inconsistencies, documents, and
exhibits) presented that is favorable to the presenting attorney’s theory of the case,
x a summary of the case, and
x a legal argument showing how the law requires the judge or jury to interpret the facts, and
why that law requires them to rule in favor of the side for which the attorney is arguing.

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Page 6 of 6
Name: ____________________________________ Period: _______ Date: ___________________

Handout 2B:
Steps in a Jury Trial Graphic Organizer

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Handout 2C:
Sequencing: Steps in a Jury Trial
Directions: Cut out the steps of a jury trial below, put them in the correct order, and paste
(either manually or by copying and pasting with a snipping tool).

Defense presents case

(direct examination, Prosecutor/plaintiff
Jury instructions
cross-examination, closing arguments
redirect, re-cross)

Prosecution/plaintiff
presents case
Prosecutor/plaintiff
Preliminary motions (direct examination,
opening statement
cross-examination,
redirect, re-cross)

Prosecutor/plaintiff
Verdict/judgment Clerk calls the case
rebuttal arguments

Judge enters/takes the Defense opening

Jury deliberations
bench statement

Defense closing
Sentence/order Voir dire/jury selections
arguments

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Handout 2B:
Steps in a Jury Trial Graphic Organizer—
Answer Key

© 2021 SStreet Law,

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