CLN4U Summative: Mock Trial
Some say that you must take part in law before you truly understand it. Our final summative is giving you that chance.
Your Task
You will complete the mock trial process and submit work relevant to your role. Although each student will play a different role in the trial, students must synthesize their learning of the course content and demonstrate their critical thinking skills in the application their learning. You will be briefed as to how a trial occurs, and the formal procedures for an international trial. See the class website for more details. (Role Prep Guide)
A)
Lawyer - Prosecutors, Defence, and Victim
(4P, 5D, 1V)
As the lawyer, you will argue your case in front of the judge using specific case evidence provided to you. You need to analyze and select the appropriate evidence in order to develop your case. To accomplish this, you will ask a series of questions that are intended to support your case and evoke pertinent evidence from the information you have. You will work in a team of lawyers, however, your mark is based on how effectively you develop your argument and how well you demonstrate course concepts in the process (direct/cross-examination, and your written submission). While all lawyers do not have to do both direct and cross-examinations, the roles must be clear, and divided equally.
Additionally, each side will be required to create opening and closing arguments designed to summarize and synthesize the case for your team. You will be marked individually.
**Reminder - there are rules during the court process - as a group, we will discuss possible
grounds for objections during the court proceedings (see Rules of Court)
1. Prosecution Lawyer - your goal is to prove beyond a reasonable doubt that the accused
is guilty of the charges laid. You must work with your lawyer team, prosecution witnesses, and pieces of evidence to achieve a guilty verdict.
2. Defence Lawyer - your goal is to provide reasonable doubt that the accused committed
the crime. You must work with your lawyer team, Defence witnesses, and pieces of evidence to achieve a not-guilty verdict.
3. Victim’s Lawyers – your job is to represent the victims of the crime. You will work independently, but coordinate with the prosecution to ensure justice is served, and that reparations are made to your client. You will interject with for your client at key
Things to hand in:
Fully detailed arguments with citations for legal documents, and all other resources
Hand in evidence to be used in the case (artifacts, images, other). Explain their purpose in the case
A list of questions and responses designed to convince the judges of your case (Responses must be created with your witness). This section can be formatted as a Question/Answer style.
o For each question, you will include the reasoning behind each question, and how it develops your case
Additionally, each lawyer will hand in their possible cross-examination questions with their list of questions - you may hand in additional cross questions after the trial as well. Each lawyer must have their own questions (Direct and/or Cross examination), therefore you must decide the role of each lawyer in order to divide the necessary questions among your team
**While most relevant laws are provided for you, cite additional legal doctrines, legal theories, and international legal concepts from the course notes to develop your case
B)
Accused/Witness
(5)
The roles played by the accused and witnesses are crucial to the outcome of the trial. Your task is to understand and know your character so that your testimony can be used by your lawyers to convince the judges of your case. This role goes beyond simple memorization - you must be able to respond in character with responses that are logical, true to the pre-trial testimony (character details provided), and be able to respond to cross-examination questions effectively and
truthfully. You will work directly with your lawyer team to compose responses, and
Things to hand in:
Responses to questions asked by the lawyer
A list of responses to the cross-examination questions
Prosecution witness/Victim - What “real” change do you want to see? What would justice look like for you in your role as the victim/witness?
Accused/Defence witness – Why aren’t you guilty? How do you defend yourself against your accusers?
What your role is in the case? How have you established a possible precedent for future cases?
C)
Judge (3)
Judge plays a significant role in the trial – they will weigh the evidence and make a decision on the case. Your role is not arbitrary though. Your decisions are based on the evidence provided from witnesses and the lawyer teams, case law, and your own professional judgment. Together, you will decide, and analyze the case. Even though you might not be unanimous, you must be honest in your decision – only one side can win the case.
Things to hand in:
“ratio decidendi” or the reasoning behind your decision. This will be 2-4 pages, discussing how you weighed the evidence and came to a decision. You must refer to specific arguments and their impact on your decision. You may also recommend reparation amounts if they are requested during the trial.
You will also discuss the precedent that will be set by your decision. What impact will it have on another international conflict? Be specific with your references and impacts. What important philosophies drive your decision? How have you fulfilled the fundamental principles of international law?
D)
UN Observer (1)
This role is essential for the progress of international law. The observer will make
recommendations to the UN on legal matters (UN Convention of the Child, other legal disputes), and how to proceed with other international conflicts. You will also analyze the precedent set by this case, and its lasting impacts on international law
Things to hand in:
Your report – how does the case ruling, arguments impact international law? What precedent is set by this ruling? How will this case affect future rulings?
What is the real impact on those involved? (Victims, accused, etc). What are the lasting impacts of the case on the stakeholders of the case?
How does this action affect other countries?
Summative Rubric
Curriculum & Expectations Level
Necessary research is thorough and properly referenced proper citations, both reference page and in-text citations)
Student assesses the legal impacts on the stakeholders involved in the issue
Legal terminology is used
Critical thinking and legal applications (trial evidence, procedures, issues) connect to real-world application of international law
Written work is completed thoroughly, and effectively portray necessary information pertaining to his/her case/role
A1. The Inquiry Process in Legal Studies: use the legal studies inquiry process and the concepts of legal thinking when investigating legal issues in Canada and around the world, and issues relating to international law
A2. Developing Transferable Skills: apply in everyday contexts skills developed through the study of law, and identify careers in which a background in law might be an asset
Student demonstrates knowledge of and application of legal theories to their role in the trial
Fundamental legal concepts are used effectively, and contribute to the development of the case/role in case
B1. Principles of Law: identify foundational concepts and principles relating to law and explain their significance
Student demonstrates knowledge of human rights, international law, and its application to the case (UDHR, Covenants, Conventions on the rights of a Child).
Crucial pieces of human rights legislation are identified, and used to develop the case
Student demonstrates understanding of international issues, and the necessity of resolving these violations/conflicts as well as strategies to protect human rights in the future
C1. Legal Principles of Human Rights Law: explain the principles underpinning human rights law and the legal significance of those laws, in Canada and internationally
C3. Protection of Human Rights and Freedoms: compare the roles of the legislative and judicial branches of government in protecting human rights and freedoms, with a particular emphasis on Canada
C4. Contemporary Issues: analyze various contemporary issues in relation to their impact or potential impact on human rights law
Basics principles of international are demonstrated, and used effectively the student’s role in the trial
Student demonstrates knowledge of forces that change international law, and how these concepts develop
Use of evidence, role-play, and questions effectively outlines the student’s understanding of international law and critical thinking abilities
Students reference other international cases/conflicts as precedents to enhance their role in the trial
Impacts of international laws/cases are analyzed, and effectively outline the scope, scale and depth of the impacts
D1. Fundamentals of International Law: explain the legal importance of various key principles and issues in international law D2. Development of International Law: analyse how various factors have influenced the development of international law Student demonstrates knowledge of international criminal law, and the process by which
an accused person is tried (e.g. court procedures, the trial process, elements of the crime, etc)
Questions/written work effectively demonstrate the students knowledge of criminal international law and its role in a trial
Student analyzes the role international law had in the trial, and whether or not it was effective in protecting the rights of people
