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Oct 31, 2024
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LAW 3985 - Trial Techniques
This is an immersion experience in basic lawyering skills. It is an innovative program that 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 and client counseling are also introduced. This is a “hands-on” course. Every student individually performs each skill at least twice in every skill session during the course of the program.
Students receive a set of NITA materials containing two complete case files. From these files and additional materials, focused lawyering problems have been developed covering every aspect of a trial, from witness preparation to settlement negotiation to closing argument. The problems are structured so that students are first exposed to basic problems of asking question through exercises in direct and cross-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 examinations which require laying foundations and introducing into evidence various types of exhibit material, including documents, photographs, x-rays, maps, charts, reports and physical objects. Later in the course, students will learn how to develop a theory of the particular examination, decide on an appropriate approach to bring out the facts consistent with the theory, prepare a witness, and conduct the examination. Students conduct a full negotiations, two bench trials and a jury trial or hearing. Students’ performances are 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.
Prerequisites & Notes
Pre/co-requisite: Evidence. The course is also offered in a seven-day format in January and a six-day format in Summer Session III.
Credits: 2 or 3
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