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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.