is it Better to Be Judged by a Jury of Your peers Than by a Judge?

®
Guided
Reading
Argument
1060L
Is It Better to Be Judged
by a Jury of Your Peers
Than by a Judge?
Written by Caroline Leavitt
Key IDEA This FlipSides book presents two sides of the argument about whether
judges or juries should determine the outcomes of legal cases. Each side has 12
arguments and a conclusion.
Literacy Standards ADDRESSED IN THIS PLAN
RI.5.1* MAIN FOCUS Key Ideas & Details Sessions 1, 2, 3 L.5.6
Sessions 1, 2, Additional Instruction Ask and answer questions to demonstrate
understanding of a text, referring to the text
as the basis for the answers, both explicit and
implicit.
*standard adapted from another grade
RI.5.4
Craft & Structure Sessions 1, 3 Acquire and use accurately grade-appropriate
general academic and domain-specific words
and phrases, including those that signal contrast,
addition, and other logical relationships (e.g.,
however, although, nevertheless, similarly,
moreover, in addition).
RF.5.3
Determine the meaning of general academic
and domain-specific words and phrases in a text
relevant to a grade 5 topic or subject area.
RI.5.6* MAIN FOCUS Craft & Structure Sessions 2, 3 Identify author’s point of view about the topic
and determine if there is a bias. Distinguish their
own point of view and determine if the author’s
arguments are fair or unfair.
*Standard adapted from another grade
RI.5.9
MAIN FOCUS Integration of Knowledge & Ideas Session 3 ISBN 978-1-62889-254-3
Integrate information from several texts on the
same topic in order to write or speak about the
subject knowledgeably.
RI.5.10 Range of Reading & Level of Text Complexity By the end of year, read and comprehend
informational texts, including history/social studies,
science, and technical texts, in the grades 4–5 text
complexity band proficiently, with scaffolding as
needed at the high end of the range.
SL.5.1c Comprehension & Collaboration Sessions 1, 2, 3 Pose and respond to specific questions by making
comments that contribute to the discussion and
elaborate on the remarks of others.
Vocabulary Acquisition & Use Phonics & Word Recognition Additional Instruction Know and apply grade-level phonics and word
analysis skills in decoding words.
RF.5.4
Fluency Session 2 Read with sufficient accuracy and fluency to
support comprehension.
W.5.1
Text Types & Purposes Writing Task Write opinion pieces on topics or texts, supporting
a point of view with reasons and information.
W.5.8* Research to Build & Present Knowledge Sessions 1, 2, 3 Recall information from experiences or gather
information from provided sources to answer a
question.
*Standard adapted from another grade
W.5.10 Range of Writing Write routinely over extended time frames (time
for research, reflection, and revision) and shorter
time frames (a single sitting or a day or two) for a
range of discipline-specific tasks, purposes, and
audiences.
L.5.4b Vocabulary Acquisition & Use Additional Instruction Use common, grade-appropriate Greek and Latin
affixes and roots as clues to the meaning of a word.
Mondo Bookshop Grade 5 1
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Session 1 Text Selection: pp. 4–11 Yes!
Learning Focus
RI.5.1*
Students read closely to ask
and answer questions to
confirm and enhance their
understanding, referring
to the text as the basis for
explicit and implicit answers.
Key Idea: Text Selection The first reading chunk consists of the introduction
and Arguments 1–5 on the Yes! side of the issue.
PREVIEWING THE TEXT 5 minutes
Read the title and author credit with students. Have them read the title page
and the contents page for the Yes! side, then flip the book and read the title
page and the contents page for the No! side.
he format of this book is a little unusual. What’s special about this FlipSides
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format?
The book is divided into two halves, and to read the second half, you flip
the book over and read in the other direction.
Based on the title and contents pages we read, what is the book about?
The book is an argument between two sides, and each half argues for one
side. One side says it’s better to be judged by a jury, the other says it’s
better to be judged by a judge.
VOCABULARY
RI.5.4 If students appear
uncertain about the terms jury
trial and bench trial, suggest
that they check the glossary
for the meanings.
ELL SUPPORT
L.5.4 Vocabulary Support
vocabulary such as judge,
jury, and peers in context
using the ELL vocabulary
strategies in Getting Started.
READING THE TEXT CLOSELY 10 minutes
Explain the learning focus. Have students read the introduction to Yes!, on pages 4–5.
Who’ll share what they learned in the introduction?
We learned the basics of the court system of the United States, including
jury trials and bench trials.
Explain the learning focus, and have students read Argument 1 for Yes! on
page 6. Check their application of the focus. Provide support if needed.
s we read Argument 1, we’re going to ask ourselves questions in order to
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understand the arguments better. Then we’re going to try to answer our own
questions using text evidence. Who’d like to share a question with us?
If a jury’s decision depends on members persuading each other, doesn’t
that mean that sometimes the most persuasive people, not the people who
are right, will win?
Does the text give an answer to that?
No.
What do you think might be the answer, and why?
Yes, because the members of the jury aren’t perfect. The jury can change
their minds, too.
Can you find evidence to support your idea?
The author talks about how one of the jurors on the movie Twelve Angry
Men changed the minds of the other jurors.
Corrective Feedback
Have students closely reread
the Introduction. Encourage
them to formulate a question
in response to the first two
paragraphs. Have them
answer their own question.
As necessary, have them work
with peers to ask and answer
one question per paragraph
for some of the remaining
paragraphs.
Backing up your answers with text evidence makes your ideas stronger.
If students show they can apply the focus, set the reading assignment for the
session. If not, ask them to reread the introduction, ask themselves one or
more questions about its contents, and use the text to find answers.
uring our reading today, we’re going to use the focus of asking and answering
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questions about pages 4–11 of the Yes! side of the argument. Some of our
answers might be ones we find in the text. Others might be ones that we
infer, or figure out, based on facts and evidence in what we’ve read. But both
use text evidence. Which kind of answer was the one given about juries?
an inference
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DISCUSSING THE TEXT 10 minutes
Invite students to ask and answer questions in their groups as they discuss the
first reading portion.
s we talk together, let’s continue the reading focus by asking each other
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questions about what we’ve read. Someone else might have the very same
question you ask, so by asking, you’re helping the whole group. When you
answer, try to use text evidence and elaborate on your statements, and that
will help the whole group, too. I’ll start with an example. My question is: Are
judges always really impartial? Can anyone help me with the answer?
Yes, because they’re experts. No, because they’re human beings.
SL.5.1c DISCUSSION
Collaborative
DISCUSSION TIP
To encourage students to
elaborate on each other’s
questions and answers, you
can interject questions such
as, “What can we add based
on what _____ said?”
ow continue to discuss this with a partner. Let’s look for evidence to
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support those answers.
Focus on the word impartial on page 7.
et’s do a close read of some words that contain important concepts.
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Impartial is a word that occurs in law, and in life, too. What parts do you see
in this word that might help you figure out its meaning?
L.5.6 VOCABULARY
Domain-Specific Words
The prefix im-, the suffix -al, and the root part
What are their separate meanings?
Im- means “not,” -al means “having,” part means “less than the whole.”
Put that all together.
“Not having less than the whole?”
lose, but not exactly. Part also means “role” or “side of an argument.” If
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you have a part in an argument, it means you take a side. Now what does
impartial mean?
“not taking a side”
So what is an impartial juror?
one who isn’t biased
Confirm students’ good use of the focus and encourage them to keep it in
mind whenever they read arguments.
ou did a great job of asking and answering questions. Remember to use this
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focus in your reading and discussion, now and in your future reading.
E-RESOURCE
Formative Assessment: Comprehension Using the Quick Start
Planner, note this session’s learning focus. Observe each student’s articulation and
use of text evidence to evaluate individuals’ effective use of the learning focus.
COMPREHENSION SHARE
When you finish reading one
of the arguments, review its
important points and details.
TEACHER’S
CHOICE COMPREHENSION: ASK AND ANSWER QUESTIONS
E-RESOURCE
Formative Assessment Have students use the blackline master on
page 10 to ask and answer questions about judges and juries. Review students’
answers as you evaluate their mastery of the learning focus.
RI.5.1* COMPREHENSION
Ask & Answer Questions
TEACHER’S
CHOICE CONSTRUCTED RESPONSE: COLLECT TEXT EVIDENCE
E-RESOURCE
Formative/Summative Assessment Have students use the blackline
master on page 11 as they read. Students will collect details from the text
to answer the questions: Are the author’s arguments fair or unfair? Biased or
unbiased? Explain your answer. Review students’ collected evidence as you
evaluate their mastery of the learning focus.
W.5.8*, RI.5.6* WRITING
Gather Evidence
Mondo Bookshop Grade 5 3
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Session 2 Text Selection: pp. 4–11 Yes!
LEARNING FOCUSES
RI.5.1*, RI.5.6*
Students return to text
to read closely and ask
and answer questions to
confirm and enhance their
understanding, referring
to the text as the basis for
explicit and implicit answers.
They identify the author’s
point of view and determine
if there is a bias. They form
their own point of view and
determine if the author’s
arguments are fair or unfair.
RETURNING TO THE TEXT 5 minutes
Ask students to reflect on the text read previously. Guide them to recall how
they applied the learning focus to their reading.
Let’s review what we covered last time. Who’d like to remind us?
We read about the American legal system, and we read the first three
arguments for why a jury trial is better than a bench trial.
What technique did we use to increase our understanding?
We asked questions and answered them. We used evidence from the text
to support our answers.
READING THE TEXT CLOSELY 10 minutes
Explain the new learning focuses. Invite students to read page 8. Check to
see how well they understood the focuses. If you are satisfied that students
can apply them, set the reading assignment for the session. If not, provide
corrective feedback as suggested on page 2 of this lesson plan.
oday, we’re going to examine the author’s views and whether they’re
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biased. Can someone remind us what biased means?
prejudiced; having an opinion before you know the facts
eread page 8 silently. We already know the author argues for both sides of
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the issue. Is she biased or unbiased? Let’s try to figure it out. How could we
do that?
We could decide whether her arguments are fair. If not, she might be
biased.
Does the argument on page 8 seem biased to you? Why or why not?
It’s not biased because she gives believable reasons backed up by details.
etermining if there is a bias will help you decide what your own point of
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view is—if you agree with the author or not.
Formative Assessment: Fluency Listen to each student read a portion of
the text. Observe students’ fluency. If students need additional practice with
fluency, provide the necessary support at the end of the session. Ask students
to note words or phrases they find challenging for discussion after reading.
SL.5.1c DISCUSSION
Collaborative
COMPREHENSION SHARE
Try to infer how the author
feels about the topic. Then
think about how you feel. Do
you agree or disagree with
the author? Why?
DISCUSSING THE TEXT 10 minutes
Facilitate a discussion in which students use the reading focuses on pages
4–11 of Yes! Encourage students to ask, answer, and elaborate on questions to
increase their understanding.
In addition to evaluating the author’s views, you’re going to find your own
point of view on the issue. Use the questions you ask and answer to help
form your own views. Let me start you off: Do any of the author’s arguments
so far seem unconvincing?
Argument 2 doesn’t convince me, because I think a judge could be more
impartial than the average person.
Does anyone have a question about this view?
Why do you think a judge could be more impartial?
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et’s have the person who asked the question answer it, and then others add
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more details if you can.
Judges can be more impartial because they have experience conducting
trials; they can be impartial because they know the law better; they can be
impartial because this is their job, and they have lots of practice setting
their emotions aside.
TEACHER TIP
Encourage students to find
evidence for the arguments,
in the form of examples, facts,
and details.
Keep asking and answering those good questions in your discussion groups.
Focus on the word relevant in the third paragraph on page 8.
elevant is a word that’s important in evaluating not only legal arguments,
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but arguments and information of all kinds. It’s a word you see often in
reading lessons and on standardized tests, so let’s make sure we understand
it. Does anyone have an idea of what it means?
Relevant means “having to do with the subject.”
et’s check that definition by examining the context. Will someone read the
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clause in which relevant appears on this page?
“Some questions don’t seem to be relevant to the trial. . . .”
ubstitute our definition for the word relevant in that clause. Does it make
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sense?
L.5.6 VOCABULARY
Academic Words
ELL SUPPORT
Rl.5.1 Discussing the Text
Ask questions at students’
language proficiency levels
and provide the following
sentence frames for student
responses: Why did ___? How
did ___? Where is ___? The
author wrote that ___.
“Some questions don’t seem to have to do with the trial. . . .” Yes, it makes
sense.
next step would be to check the dictionary. I happen to know the
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dictionary would give the same definition, probably in slightly different
words. To check our understanding even further, would a couple of you
please give me an example of something that’s relevant, and what it’s
relevant to? It can be on any topic.
Whether you eat a balanced diet is relevant to how healthy you are;
whether you study is relevant to your grades.
TEACHER TIP
Remind students to use
the glossary to help them
understand legal terms in the
book.
Support the speaking and listening skill by having students discuss how they
have used the first two learning focuses to understand the arguments for
and against jury trials. Reinforce the importance of making comments that
contribute to the discussion.
emember that asking a question is as important as answering it. Sometimes
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people wonder if their question is a good one to ask. The answer to that is
yes! And if you have an answer to a question, don’t worry if someone has
given a different answer previously. There can be more than one answer
to the same question, but there must be facts or evidence from the text
supporting those answers.
E-RESOURCE
Formative Assessment: Comprehension Using the Quick Start
Planner, note this session’s learning focuses. Observe each student’s articulation and
use of text evidence to evaluate individuals’ effective use of the learning focuses.
TEACHER’S
CHOICE FLUENCY FOLLOW-UP
Fluency Practice Duet reading helps students with more serious fluency issues.
Follow this procedure: (1) Teacher reads aloud fluently, close to student’s ear,
while tracking text. (2) Student and teacher read aloud, with teacher reading
a second or two ahead if need be. (3) If student falters, teacher continues and
encourages student to keep reading. (4) As learners are able, they take over
reading and tracking on their own.
RF.5.4 FLUENCY
Accuracy
Mondo Bookshop Grade 5 5
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TEACHER’S
W.5.8*, RI.5.1*
WRITING
Gather Evidence
CHOICE CONSTRUCTED RESPONSE: COLLECT TEXT EVIDENCE
E-RESOURCE
Formative/Summative Assessment Have students continue
to use the blackline master on page 11 for collecting evidence as they read.
Students will continue to collect details from the text to answer the questions:
Are the author’s arguments fair or unfair? Biased or unbiased? Explain your
answer. Review students’ collected evidence as you evaluate their mastery of
the learning focuses.
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Session 3 Text Selection: pp. 4–19 No!
Key Idea: Text Selection The second reading chunk consists of the introduction
and Arguments 1–8 on the No! side of the issue.
RETURNING TO THE TEXT 5 minutes
Explain that students will learn a third reading focus that will put both sides of
the argument together.
o far we’ve read Yes! arguments only. We need to hear both sides. How is
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reading the other side going to help us determine whether there’s bias in
the book?
We can evaluate whether the author seems equally fair to both sides.
ow is reading the other side important to finding out what your own
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views are?
If we agree with the other side, we might find our views in those chapters.
READING THE TEXT CLOSELY 10 minutes
LEARNING FOCUSES
RI.5.1*, RI.5.6*, RI.5.9
Students will continue asking
and answering questions to
confirm and enhance their
understanding, referring
to the text as the basis for
explicit and implicit answers.
They will also identify the
author’s point of view and
determine if there is a bias.
They will distinguish their
own point of view and
determine if the author’s
arguments are fair or unfair,
and integrate information
from both sides of the
text in order to write and
speak about the subject
knowledgeably.
State the learning focuses and invite students to read pages 4–6 on the No!
side. Check to see how they are doing with application of the focuses as you
have done previously. Then have students read pages 7–19, paying specific
attention to integrating knowledge from both the Yes! and No! sides.
ur goal today is to build our knowledge by integrating, or combining,
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information we learn from both sides of the argument. We’ll ask and answer
questions about both, and find the author’s views on both sides. What do the
two introductions both discuss?
Both introduce the legal system and differences between a jury trial and a
bench trial.
he Introduction to the No! side is longer. How does it fill out the information
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that the Yes! side gives?
VOCABULARY
RI.5.4 Have a discussion
about the meanings of
attorney, defense, and
plaintiff. Remind students to
look for context clues and to
check the glossary for each
word.
It gives details about what a bench trial is like.
et’s ask a question and find answers on both sides of the book. Who’d like
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to try?
Who knows more about the law, a judge or a jury?
What answers can you find?
A judge has more knowledge of the law, but a jury can work around
unfair laws.
Integrating, or combining, information from both sides will help you develop
a deeper understanding of the topic.
DISCUSSING THE TEXT 10 minutes
Facilitate a discussion that links the three learning focuses. Remind students to
think about the difference between a biased and an unbiased argument, and
to continue referring to both sides of the book to build their own views.
SL.5.1c DISCUSSION
Collaborative
s we read and discuss, let’s try to integrate the information we read to ask
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questions and find answers in the text. Let’s bring in your views, too. First,
let’s discuss whether you would want a jury trial or a bench trial.
I’d want a jury trial because I think jurors would sympathize with me; maybe
a bench trial because a judge wouldn’t be swayed by emotions.
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ou’ve developed your own point of view on the topic. Does anyone else
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want to ask a question about the topic?
Wouldn’t some jurors be unsympathetic? Doesn’t a judge also have
emotions?
How could you integrate both sides of the book to answer those questions?
Each side of the book answers the other. Once you finish the book, you
know what answers they give to each other’s points.
Use information and text evidence from both sides to answer your questions.
Encourage students to finish reading the book independently. Remind them to
use the same strategies and techniques as they complete it.
ou’ll finish reading the book on your own. I think you can see from our
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discussion that the more information you have from both sides, the fuller
your picture of the arguments is and the better prepared you’ll be to form
your own views.
TEACHER’S
W.5.8*, RI.5.1*
WRITING
Respond to Question
CHOICE CONSTRUCTED RESPONSE: WRITE TO SOURCE
E-RESOURCE
Formative/Summative Assessment Have students continue to
use the blackline master on page 11 as they finish reading. Then ask them to
write a response on a separate sheet of paper that answers the questions: Are
the author’s arguments fair or unfair? Biased or unbiased? Explain your answer.
Have students use the text evidence they collected to support their writing.
TEACHER’S
CHOICE CLOSE READING OPTIONS
E-RESOURCE
Summative Assessment Print the online blackline master for
independent close reading. Ask students to read the selection indicated on the
page independently and respond to the prompts (summarize author’s message,
identify critical vocabulary, respond to constructed response questions)
before returning for a small-group discussion. Alternatively, you can use the
completed blackline master for summative assessment.
TEACHER’S
CHOICE
Writing Task: Argument
W.5.1
WRITING
Argument
E-RESOURCE
Summative Assessment Review with students the traits of an
effective argument. Students will work independently to write their arguments
for jury trials or bench trials, using the blackline master on page 12. Consider
having students publish their arguments by having Yes/No pairs of students
read their positions aloud in turn.
ou’ve collected evidence on all the arguments the author gives on both
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sides of the issue. Your writing task is to pick your side of the issue and argue
for it. Use evidence from the book to support your view. You don’t have the
time or space to use all the arguments from the book. Pick the two that you
think are the strongest. Also, pick the weakest argument on the other side,
and explain why it’s weak.
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TEACHER’S
CHOICE
Additional Instruction
WORD STUDY
Latin Roots Focus on the word verdict on page 16 of Yes!
he English word verdict comes from two Latin words placed together: vere,
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meaning “truly,” and dictum meaning “thing said.” When you put those two
meanings together, what do you get?
“something said that’s true”
Why would the word verdict be used for the decision at the end of a case?
because the verdict is what the judge or jury thinks is true about the case
Who can think of other words that come from one of the same roots?
L.5.4b VOCABULARY
Latin Roots
VOCABULARY TIP
Help students identify root
words by telling them to
separate out the prefixes and
suffixes and analyze the word
or word part that is left.
verify, verification, very, dictator, dictate, dictionary
VOCABULARY
Domain-Specific Words Focus on the word skeptical on page 11 of No!
L.5.6 VOCABULARY
Domain-Specific Words
his book has many legal terms, but you also may have noticed other difficult
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words that have broader uses. One of them is skeptical. Skeptical usually
describes a person’s attitude. Judges and jurors are often skeptical! Look
back at page 11. What is the situation being described?
A man hit his wife, but the wife now claims that he’s innocent.
What person in the courtroom is skeptical about the wife’s claim?
the judge
Does that mean he believes the wife’s claim, or not?
He doesn’t.
So, will someone give me a definition of skeptical?
not believing what someone says
keptical doesn’t have to mean you think someone is a liar. It often means
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you suspect something is untrue, but you aren’t sure yet.
WORD RECOGNITION
Homographs Focus on the word deliberate on page 6 of Yes!
RF.5.3 WORD RECOGNITION
Homographs
Read this word. Who’d like to pronounce it for us?
dee-LIB-∂r-∂t.
And what does it mean to you?
“on purpose”
ow read the first sentence on page 6 aloud. Does deliberate make sense in
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this context?
No.
his word has another meaning with a different pronunciation. The meaning
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you gave us was an adjective. But this word is also a verb, pronounced deeLIB-∂r-ayt. Reread that sentence on page 6 silently, and someone define the
verb deliberate.
“fully discuss an issue from many different sides”
Deliberate is what a jury does.
Mondo Bookshop Grade 5 9
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Name
Date
Comprehension: Ask and
Answer Questions
Write three questions you have about judges and juries. Then answer your
questions using information from the book. Note the page numbers where
you found the details that answered your questions.
Question:
Answer:
I found my answer on page(s):
Question:
Answer:
I found my answer on page(s):
© Mondo Publishing
Question:
Answer:
I found my answer on page(s):
Score:
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Name
Date
Collecting Text Evidence
Are the author’s arguments fair or unfair? Biased
or unbiased? Explain your answer.
Use this chart to collect evidence about the author’s arguments. Identify an
argument the author makes and then describe whether you think it’s fair
and unbiased, or unfair and biased. Support your answer with details from
the text.
Author’s Argument
My Description
(Check One)
Unfair/Biased
© Mondo Publishing
Fair/Unbiased
Evidence from the
Text (Give Page
Numbers)
Score:
Mondo Bookshop Grade 5 11
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Name
Date
Writing Task: Argument First Draft
Choose one side of the issue. Write an argument explaining why you
chose that side. Use two arguments from the book to support your view.
Also, choose one argument from the opposing side and explain why it is
weak. Use evidence from the text to support your opinions.
REMEMBER: A well-written argument includes
• an introduction that clearly states your position
• a logically arranged series of arguments for your side, including
reasons and evidence
© Mondo Publishing
• a conclusion restating your opinion in a new way
Score:
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