If you anticipate barriers related to the format or requirements of this course, if you have
emergency medical information to share, or if you need to make arrangements in case the
building must be evacuated, please let me and Dean Mitchell and/or Denise Boessen
know as soon as possible.
If disability related accommodations are necessary (for example, a note taker, extended
time on exams, captioning), please let Dean Mitchell and/or Denise Boessen know and
they will help me make sure you are accommodated. For other MU resources for students
with disabilities, click on "Disability Resources" on the MU homepage.
TRIAL PRACTICE
Spring 2016
Instructor Angela K. Drake
Class: Monday/Wednesday, 5:00-6:40 p.m.
Meetings: (drop in and by appointment), Clinic Office
Email drakea@missouri.edu
Cell phone: 417-276-1218
FIRST AMENDED
SYLLABUS
I.
Course Description
This course concentrates on techniques for presenting evidence in trial, opening statements, direct and cross examination of witnesses, and closing arguments. Discovery, voir
dire, pre-trial motions and conferences and jury instructions will be only briefly discussed. Each student will participate in classroom problems selected from the course materials. Each student will participate in a bench and in a jury trial.
II.
Course Materials
The casebooks for this class will be:
Bocchino & Beskind, Problems in Trial Advocacy
and
Thomas Mauet, Trial Techniques and Trials
Earlier editions are allowable if careful attention is paid to differences in Problems
III.
Attendance and Assignments
Attendance is mandatory. Please come to class fully prepared. As a general rule, there
are no excused absences. I will reconsider this general rule on a case-by-case basis. Every
absence will reduce your grade by 5 points unless an exception is made by the instructor.
If there is an emergency or illness, contact me by phone or email. I will not ask private
details but do need to hear from you if you will be absent.
Written assignments are due in hard copy form at the designated time. Grades for late assignments will be reduced by 2 points .
Attendance will be recorded. There is no such thing as a “pass” or “taking a pass” should
you be called on to add your thoughts to discussions in this class. Appearing in class unprepared is the same as failing to attend and will reduce your grade by 5 points. Please
note that you will have partners. You owe it to your partners to be timely and prepared.
IV.
Grading
Grading will be based on Daily Problems (30 percent), the bench trial (30 percent), and
the jury trial (40 percent). Any written assignment (e.g., scripts, briefs, jury instructions)
associated with the course activity will be considered when grades are given for that activity. Trial notebooks are worth 50% of the grade for the bench/jury trial. In addition,
grades may be adjusted on the basis of class participation, and other contributions to the
class (e.g., service as witnesses), with a maximum adjustment of 3 points.
V.
Meetings
I am available to discuss your ideas about your coursework with you. I will be available
to meet with you outside of class all afternoon on Tuesday and on Wednesday before
class to help you prepare. Feel free to drop by my office, or contact me by email or by
telephone (email is usually more reliable) to schedule an appointment or to ask a question.
VI.
Academic Integrity
Academic integrity is important. Follow the Honor Code. If you have any questions
about your work as it relates to the Honor Code, consult me immediately.
VII. Drop Policy
Because the course involves group exercises that must be planned well in advance, students wishing to withdraw from the class must do so by 3 p.m. on January 29, 2016.
Absent extraordinary circumstances, students dropping the course after that date will receive failing grades.
VIII. Additional Information about Assignments
Information will be provided via TWEN before class or in a group email. Please check
TWEN regularly. Generally, be aware of the following:
A.
Daily Problems:
1.
Outlines and Exhibits: All students who are “up” on a given day
will submit written materials (e.g., notes, scripts) the students expect to use in the problem. Students are also responsible for bringing any exhibits(s) they may need. For example, if your task is to
introduce a baseball bat into evidence, then bring it with you to
class. Coordinate acquisition efforts with others, as only one item
per class is needed.
2.
Critiques
3.
a.
Self-Critique: Daily problems may be video recorded. All
students who have been videoed in a graded performance
must view their recording and submit at least one written
self-critique about a performance. Keep your critique short
and focus on what you did well, and what you would do
differently if you had another chance. If for some reason
there is no DVD, submit a self-critique based on your own
recollection of what occurred.
b.
Professor Critique: I will usually provide input at each
class. Please understand that your performance cannot improve without constructive criticism. I will also make it a
point to tell you your strengths.
c.
Peer Critique: Your colleagues will also provide constructive criticism and compliments. It is imperative that
everyone participate, with honest and helpful comments.
Trials/Format: We will discuss the trial formats at great length as
that time gets closer. I anticipate the non-jury trials will take place
during the regular class period, extended as necessary, over a twoweek period. Briefly, the trial will unfold approximately as follows: Openings 6 minutes each side; Plaintiff 40 minutes for all
directs and crosses; Defendant 40 minutes for all directs and
crosses; Closing 10 minutes each (plaintiff may reserve up to 3
minutes for rebuttal). Unless we have an odd number of students,
there will be two student “partners” representing each side. Students will also turn in a witness and exhibit list.
For jury trials, we will work together on jury instructions for the
case as necessary. We will have telephonic pre-trial conferences
prior to the jury trial as necessary.
a.
Obtaining Witnesses and Jurors: You will be responsible for obtaining witnesses and jurors for the trials. You
may use law students for witnesses if you wish. I would
prefer non law students to serve as jurors. Getting witnesses and jurors will be a group effort and we will talk
about it as the semester progresses. Your experience in this
class will be greatly improved by securing as many diverse
jurors as possible in terms of age and life experience.
As a goal, each student (not each team, each individual student) is encouraged to find three persons eligible to serve as
jurors in one of our trials. An “eligible juror” is anyone
who is not a lawyer or a law student and who is at least 18.
IX.
b.
Sit In: Each student is required to attend trials in which
she is not a participant. For each type of trial, each student
will write a critique of the other lawyers’ performance.
c.
Visiting Judges: We will likely have real judges serve in
our class as judges. Every effort will be made to provide
time for general “tips from the bench” which will be invaluable to you as future lawyers. We may travel to other
courthouses for trials.
d.
Stay Flexible: We will likely run over during trials.
Please let me know if you have time constraints and we
will try to be mindful of your schedule(s).
Dress Code
For trials, dress like lawyers at trials; I recommend wearing a suit. For Daily Problems
when you are “up,” dress like lawyers at trial. If you do not have a suit, and cannot borrow one, business casual is acceptable.
TRIAL PRACTICE SCHEDULE
Spring 2016
January 15 - What Lawyers Do and How They Do It; Expectations in Class;
Voir Dire; Themes and Introduction to Jury Instructions.
Assignment – Read Mauet Chapters 1 and 2 and skim the
Mauet text to understand its structure. You will read Mauet on your own to
help you work through your assignments as the class progresses.
January 20 - Lecture –Direct and Cross Tips – Skim Chapters 5 and 6 (you
will use these chapters as a resource later when you prepare for your problems)
January 25 – Lecture - Objections, Exhibits, Foundations - Skim Chapters 7
and 10 (you will use these chapters as a resource later when you prepare for
your problems)
January 27 – Lecture –Bopp v. McGarry Problem 3
Objections/Refreshing Recollection/Impeachment
Pick trial teams
February 1 - Direct/Cross Problems
Brantley v. Horne, Problem 2
Dumas v. Freeman, Problem 10
Jamison v. Lauer, Problem 9
February 3 – Direct/Cross Problems
Mitchell v. Mruzik, Problem 6
Nagel v. O’Keefe, Problem 5
Rebar v. Stallion, Problem 1
February 8 –Direct/Cross and Exhibit Problems
Russell v. Upp, Problem 7
Brantley v. Horne, Problem 12
Dumas v. Freeman Problem 13
Bopp v. McGarry, Problem 17
Jamison v. Lauer, Problem, 24
February 10 – Exhibit Problems
Mitchell v. Mruzik, Problem 26
Nagel v. O’Keefe, Problem 20
Rebar v. Stallion, Problem 16
Russell v. Upp, Problem 27
February 15 – Experts
McArthur v. Rogers, Problem 37
Witness Meyer, Jeff Upp
Witness Lovell, Maikieta Brantley
Pl’s Counsel: Horne (direct) and Jamison
(cross)
D’s Counsel: Russell (direct) and Mitchell
(cross)
State v. Hamilton, Problem 41
Witness Randall, McGarry
D’s counsel: Bopp
Prosecutor: Dumas
Judge: Mruzik
February 17– Experts
Nita Sports Authority v. Parsons
Witness Matson, Freeman
Witness Stevens, Lauer
Attorneys for the Authority: Nagel and O’Keefe
Attorneys for Parsons: Rebar and Stallion
February 22 – Advanced Cross
February 24 – Advanced Cross
February 29 – Opening Statements
Random draw on opens and closes
March 2 – Opening Statements/Closing Arguments
March 7 – NO CLASS
March 9 - Closing Arguments
March 14 – Closing Arguments/Catch up
March 16- Catch up/Trial Prep/Individual Meetings
March 21 – Catch up/Trial Prep/Individual Meetings
March 23 – Catch up/Trial Prep/Individual Meetings
April 4 – Bench Trial #1 – Judge Bates
April 6 – Bench Trial #2 – Judge Francis
April 11– Bench Trial #3
April 13 – Bench Trial #4
April 18 – Jury Trial #1 – Judge Pyle
April 20 - Jury Trial #2 – Ami Miller
April 25 – Jury Trial #3
April 27 – Jury Trial #4 –Michael Oliver
April 29 – Self Assessments