Resources for Teaching the Trial Process
The reference staff at the Washington State Law Library has put together a list of trial process, courts, and judicial branch resources, including a glossary, research links, lesson plans, and media. The sources can be used on their own or to supplement the Judges in the Classroom The Trial Process lesson plan. The State Law Library provides legal research assistance by phone and email Monday through Friday, 8 am to 5 pm. Teachers and students can reach out to them with their research needs at 360–357–2136 or library.requests@courts.wa.gov.
Glossary of Terms
Definitions provided here are from the Washington State Courts English Legal Glossary, unless noted. Terms in italics are also defined in the lesson plan handouts.
ARBITRATION — The referral of a dispute to an impartial third person chosen by the parties to the dispute who agree in advance to abide by the arbitrator’s award issued after a hearing at which both parties have an opportunity to be heard.
ATTORNEY — An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.
BEYOND A REASONABLE DOUBT — The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
BURDEN OF PROOF — The obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
CASE — A general term for an action, cause, suit, or controversy brought before the court for resolution.
CIVIL CASE — A lawsuit brought to enforce, redress, or protect private rights or to gain payment for a wrong done to a person or party by another person or party. In general, all types of actions other than criminal proceedings.
CRIMINAL CASE — A case brought by the government against a person accused of committing a crime.
CROSS EXAMINATION — The questioning of a witness produced by the other side.
DIRECT EXAMINATION — The first questioning of witnesses by the party on whose behalf they are called.
DEFENDANT — 1. In a criminal case, the person accused of the crime. 2. In a civil case, the person being sued.
DELIBERATIONS — The jury’s decision-making process after hearing the evidence and closing arguments and being given the court’s instructions.
DISCOVERY — The procedure by which one or both parties disclose evidence which will be used at trial. The specific tools of discovery include depositions, interrogatories and motions for the production of documents.
DOCUMENTS — Document means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Definition from USLegal.com.
EVIDENCE — Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
EXPERT TESTIMONY — Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., person qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.
INSTRUCTIONS TO THE JURY — Judge’s explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge.
JUDGE — An elected or appointed public official with authority to hear and decide cases in a court of law.
JURY — A body of persons temporarily selected from the citizens of a particular district sworn to listen to the evidence in a trial and declare a verdict on matters of fact.
LAWSUIT — An action between two or more persons in the courts of law, not a criminal matter.
LITIGATION — A lawsuit.
MEDIATION — A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.
NEGOTIATION — refers to discussions or other exchange regarding the adjusting or modification of a contract or agreement. Definition from USLegal.com.
OPENING ARGUMENT — The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.
CLOSING ARGUMENT — The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence.
PARTY — A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding.
PHYSICAL EVIDENCE — Physical evidence usually involves objects found at the scene of a crime. Physical evidence may consist of all sorts of prints such as fingerprints, footprints, handprints, tidemarks, cut marks, tool marks, etc. Definition from USLegal.com.
PLAINTIFF — A person who initiates a lawsuit against another. Also called the complainant.
PREPONDERANCE OF THE EVIDENCE — Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.
PROSECUTOR — A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
PUBLIC DEFENDER — An attorney appointed by a court or employed by a government agency whose work consists primarily of defending people who are unable to hire a lawyer due to economic reasons.
REBUTTAL ARGUMENT — Evidence given to explain, counteract, or disprove facts given by the opposing counsel.
TESTIMONY — The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.
TRIAL — A judicial examination and determination of issues between parties before a court that has jurisdiction.
VERDICT — The opinion of a jury, or a judge where there is no jury, on the factual issues of a case.
WITNESS — 1. One who testifies to what they have seen, heard or otherwise observed. 2. (v) To subscribe one’s name to a document for the purpose of authenticity.
Websites and Articles
Our Rights — Chapter 12: The Right to a Fair Trial — Annenberg Classroom
How Courts Work — American Bar Association
How a Case Moves Through the Court System — Arizona Courts
Steps in the Federal Criminal Process — U.S. Department of Justice
Media
Courtroom Image Gallery — U.S. Department of Justice
The Who, What, When, Where and How of State Courts — Video — National Center for State Courts
Structure of the Court System: Crash Course Government and Politics #19 — Video — CrashCourse
A Day in Court — Online game — Michigan Courts
The Pick Twelve Game — Online game — Texas Law-Related Education
Objection Your Honor Game — Online game — Texas Law-Related Education
Justice Case Files 3: The Case of Jury Duty — Graphic novel — National Center for State Courts (with Lesson Plan)
Justice Case Files 4: The Case of the Broken Controller — Graphic novel — National Center for State Courts
Federal Courts: Our First Treason Trial (US v Burr) — Podcast — Civics101
District, Circuit, Supreme: How does the federal court system work? — Podcast — Civics101
Lesson Plans
Lesson Plan for the graphic novel Justice Case Files 3: The Case of Jury Duty — National Center for State Courts
Overview of State and Federal Courts Word document, Power Point presentation, Document, Adobe PDF document — University of Washington Street Law
What is the Judicial Branch — American Bar Association
People in the Court — Teaching Civics
How Do Judges Decide Cases? — Annenberg Classroom
LegalWays: Sources of Law and the Courts — Teaching Civics
Understanding the Types of Cases — Judicial Learning Center
Dispute Resolution — American Bar Association
Building a Better Argument — Annenberg Classroom
Your Day in Court — Judicial Learning Center
Juvenile Justice — Steps in a Case Word document, Power Point presentation — University of Washington Street Law
Literary Characters on Trial: Combining Persuasion and Literary Analysis — Read Write Think
Introduction to Trial Process — Stolen Car Mini-Trial Word document, Power Point presentation, Trial Transcript — University of Washington Street Law
James Bond in a Honda: Trial Simulation Lesson — iCivics
For more mock trial sources see the Mock Trial Preparation heading at University of Washington Street Law.
