Trial Practice and Procedure

3 units

This course focuses on the trial phase of litigation from the perspective of a practicing attorney. During the first part of the semester, students will learn and perform the core components of trial advocacy, including the development of a case theory and theme, jury selection, opening statements, direct and cross-examination of lay and expert witnesses, the use and admission of real and demonstrative evidence, and closing arguments. Toward the end of the semester, students will prepare for and conduct a full simulated trial. Coursework will include reading assignments, written exercises, and substantial preparation for in-class simulations. Through these activities, students will develop essential lawyering skills, including problem solving, legal analysis and reasoning, legal research, effective communication, and trial advocacy. The course will also address professional responsibility issues that arise in litigation and emphasize the professional values of providing competent legal representation and promoting justice, fairness, and integrity in the legal system. The class will typically meet once per week for as a large-group and a second time led by adjunct professors. Large-group sessions will include demonstrations of trial techniques and class-wide simulations. In the small-group sessions, students will participate in simulations in the roles of attorneys and witnesses. Regular attendance and active participation are required. Withdrawal Policy: To minimize late-semester schedule changes that may prevent other interested students from enrolling, the following policy applies: Students who remain enrolled in the course after the drop deadline, will not be permitted to drop the course. Any student enrolled after that date will receive a grade for the course and assumes the risk of receiving a failing grade. Grading: The course will be graded on a modified pass/fail basis: HP (3.90), P, LP (3.00), F (2.50). Grades will be based on written assignments, performance in simulations, and participation in class discussions.