LAW COURSE DESCRIPTIONS

LAW-2363 Trial Advocacy Intensive: Criminal Prof. Diane S. Juliar, 3 credits day; 3 credits evening.

This course teaches students how to conduct a trial. Students will learn to deliver opening statements and closing arguments and to conduct witness examinations. Among other topics, we will study techniques of direct and cross examination, impeachment of a witness, refreshing recollection, introduction of real evidence and documents and the use of demonstrative evidence. Faculty comments : Professor Juliar Intensive: Criminal: Both the text book and the case materials book are necessary for the course. Students should consider the option of buying a used or older version of the text to reduce costs. The guiding principle behind this course is for each student to “get on his or her feet” at least every other week in a series of simulations representative of the phases of a typical criminal case. The advocacy skills learned are equally applicable to civil litigation. The simulations will consist of all or most of the following: cross examination, direct examination, opening statement, closing argument, impeachment by prior inconsistent statements and by omission, refreshing recollection, the use of demonstrative aides, and the introduction of physical evidence. For the final simulation students will be paired in teams of two to litigate a complete mock trial. The different exercises incrementally prepare the students to litigate a trial. Therefore attendance at each class and all of the mock trials is required. During the semester, each student will have the opportunity to play both the role of a prosecutor and defense attorney. On occasion, individual students will be asked to re-do portions of their simulations after receiving feedback from the professor and their peers. 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 read assigned case materials and prepare for each simulation. Students will be evaluated based on their preparation for each class, their performance on individual simulations, their ability to process feedback and improve, their active participation in the classroom, and their incorporation of course material into their reflections on their own performance and the performance of classmates. The final simulation, the mock trial, will be the functional equivalent of a final exam and will count for 50% of each student’s grade. The class is very demanding and fast paced. In an effort to cover all of the necessary topics, students may need to be available for one or two additional three-hour classes to accommodate the final mock trials. If this is necessary, the date(s) will be scheduled at the mutual convenience of the students and the professor during the reading or exam period. Students may also need to be available for approximately 30 minutes after the last six classes in order to complete the mock trials. The final enrollment of the class will impact when the mock trials will be scheduled and how much extra time is needed to complete them. Professor Wilton: Students will conduct a full videotaped trial from a civil or criminal case file. Written critiques of a classmate's trial performance and of a student's own videotaped trial performance are required. Grading is pass/fail only. Students who have completed trial practice or trial advocacy or are currently enrolled in either class will be precluded from taking the course.