COURSE DESCRIPTION 2012 2013

Trial Practice: Criminal

Prof. Chris Dearborn,

2 credits day; 2 credits evening.

The guiding principle behind this course is for each student to "get on his or her feet" at least every other week, if not every week, in a series of simulations representative of the phases of a typical District Court criminal case. Most of the skills learned are equally applicable to civil litigation. The simulations will consist of all or most of the following: a bail argument, an argument concerning a discovery request, cross examination, direct examination, an opening statement, a closing argument, impeachment both by prior inconsistent statements and omission. There will also be a class devoted to a series of evidentiary objections that arise in the context of a typical criminal trial. For the final simulation students will be paired up in teams, litigating a mock trial or a mock motion to suppress hearing. During the semester, each student will have the opportunity to play both the role of a prosecutor and defense attorney. Often, individual students will be asked to re-do portions of their simulations after receiving critique. Although the class is not designed to be a course in evidence, the students will learn about a number of evidentiary principles that inevitably arise during the various scenarios. The number of classes or portions of a class devoted to each simulation will depend on the class enrollment. Students will have to prepare for the actual simulations and read assigned case materials as well as some substantive and procedural law. Students will be evaluated based on their preparation for each class, their performance on individual simulations, and their ability to improve and process feedback. The final simulation will be the functional equivalent to an exam and will count for 50% of the students' grade.

Prerequisite: Evidence suggested - not required; May not take any other Trial Practice, Trial Evidence or Trial Advocacy courses.

Enrollment is limited: 16

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements