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Apr 25, 2024
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LAW 3985 - Trial Techniques - Comprehensive Litigation Skills
Midsession, Summer
(PASS/FAIL) This is an immersion experience in basic lawyering skills. It is an innovative program that, in a single intensive session, provides basic training in all of the lawyering skills involved in civil and criminal litigation. Students learn the core aspects of trial lawyering focusing on opening statements, summation, direct and cross examination, documentary and expert testimony. The critical skills of settlement negotiation are also introduced as is the essential pre-trial discovery technique of the deposition. This is a “hands-on” course. Every student individually performs each skill at least twice on every day of the program.
Students receive a set of NITA materials containing four complete case files. From these files and additional materials, focused trial problems have been developed covering every aspect of a trial, from jury selection to closing argument. The problems are structured so that students are first exposed to basic problems of conducting direct and cross-examination. Students must develop a theory of the particular examination, decide on an appropriate approach to bring out the facts consistent with the theory, prepare the witness, and demonstrate the examination. The student must also anticipate evidentiary objections and defend his or her position when objections are made by class participants or by the instructor. The course starts with simple direct, cross and redirect examinations and then progresses to more complex problems in which the student must prepare and demonstrate examination, which requires laying foundations and introducing into evidence various types of exhibit material, including documents, photographs, x-rays, maps, charts, reports and physical objects. Students conduct two negotiations, a deposition, two bench trials and a jury trial. Students’ performances individually reviewed by experienced attorney/teachers and by professional actors.
The program is based upon the proven intensive methodology initially developed by the National Institute for Trial Advocacy (NITA) for practicing lawyers. Attendance is required and is taken daily.
Prerequisites & Notes
Pre/co-requisite: Evidence. The course is also offered in a nine-day format in the summer. The summer session meets on four consecutive Fridays and Saturdays, and once on Sunday, in June.
Credits: 3
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