LITIGATION SKILLS SUMMER INSTITUTE
CIVIL TRIAL ADVOCACY
Contact:
Professor Elizabeth Boals
eboals@wcl.american.edu
OFFICE: Room 310A
(202) 274-4073
Credits:
2 credits
Course Overview:
The course includes five sessions of intensive instruction, demonstrations and, student roleplaying performances and critique. Students spend a significant amount of time in class practicing
pretrial motions, opening statements, direct examinations, cross examinations, and closing
arguments. The course culminates in a mock trial of a complete case.
There are three essential components to this course:

Student Preparation: Students are expected to come to the first class session
having already read the Addison v. Peyton case file. Students are required to participate in
case analysis individually and in small groups. There is considerable out-of-class time
required to prepare lawyer roles for each class session.

Lecture/Demonstration/Discussion: Professors give brief and focused lectures on
specific trial skills, demonstrate skills, and facilitate discussion on the execution of these
skills within the rules of procedure, evidence and professional conduct.

Student Performances: Students participate in short mock sessions focused on
discrete skills such as pretrial motions, opening statements, direct examinations, cross
examinations, and closing arguments. These performances are critiqued by the professors.
All student performances are recorded and review of these recordings by the students is an
integral part of the course. Students are required to submit two self-critiques after they
have reviewed the recordings.
Required Texts:
Addison v. Peyton: Civil Case File (2012) (NITA)
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Prerequisites:
The prerequisite for this course is Civil Procedure. Evidence must be taken as a pre- or corequisite.
Evaluation:
Students are evaluated on the following criteria:




Participation in small group and class discussions;
Preparedness for in-class performances;
Incorporation of lessons/critiques in the final trial performance; and
Self-critiques of recorded performances.
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Syllabus:
Day 1. Overview/Opening Statements/Pretrial Motions
Required Reading:
Addison v. Peyton case file
Posted on MyWCL:
Trial Techniques and Trials, Chapter 2, Psychology of Persuasion, §§ 2.1-2.4 (pp.13-27); and
Chapter 4, Opening Statements, §§ 4.1-4.5 (pp. 73-84, 90-98) (skim examples)
6:00-9:30 pm:
 Course overview
 Instruction on developing case theories, identifying evidentiary issues, and the
fundamentals of pretrial motions and effective opening statements
 In-class brainstorming session on theory of the case
Day 2. Opening Statements/Pretrial Motions/Witness Examinations
Required Readings:
Addison v. Peyton case file
Posted on MyWCL:
Trial Techniques and Trials, Chapter 10, Objections, §§ 10.1-10.4 (pp. 505-514)
Plaintiff’s Counsel - Trial Techniques and Trials, Chapter 5, Direct Examination, §§ 5.1-5.12 (pp.
109-184) (skim examples)
Defense Counsel - Trial Techniques and Trials, Chapter 6, Cross-Examination, §§ 6.1-6.9 (pp.
197-254) (skim examples)
6:00-9:30 pm:
 Opening Statements
 Pretrial Motion small group sessions
 Instruction and demonstrations on direct and cross-examinations
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Day 3. Witness Examinations
Required Readings:
Addison v. Peyton case file
Posted on MyWCL:
Trial Techniques and Trials, Chapter 10, Objections, §§ 10.5-10.9 (pp. 515-551) (skim examples)
and Chapter 8, Experts, §§ 8.1-8.2 (pp. 377-381) and § 8.5 (pp. 384-407) and (pp. 423-436) (skim
examples)
6:00-9:30pm:
 Instruction and small group sessions on expert witness examinations
 Skill drills on open-ended questions, leading questions, refreshing recollection,
impeachment by prior inconsistent statements, and foundation litanies for the introduction
of evidence
 Student presentations of portions of Plaintiff’s direct examinations and Defense crossexaminations (in-class critique by professors/re-do exercises/recorded for student review)
Day 4. Witness Examinations
Required Readings:
Addison v. Peyton case file
Posted on MyWCL:
Plaintiff’s Counsel - Trial Techniques and Trials, Chapter 6, Cross-Examination, §§ 6.1-6.9 (pp.
197-254) (skim examples)
Defense Counsel - Trial Techniques and Trials, Chapter 5, Direct Examination, §§ 5.1-5.12 (pp.
109-184) (skim examples)
6:00-9:30pm:
 Continue presentations of portions of Plaintiff’s direct examinations and Defense crossexaminations (in-class critique by professors/re-do exercises/recorded review by students)
 Discuss Motions for Directed Verdict
 Student presentations of portions of Defense direct examinations and Plaintiff’s crossexaminations (in-class critique by professors/re-do exercises/recorded review by students)
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Day 5. Closing Arguments
Required Readings:
Addison v. Peyton case file
Posted on MyWCL:
Trial Techniques and Trials, Chapter 9, Closing Arguments, § 9.2-9.8 (pp. 444- 492) (skim
examples)
9:00am-4:00pm:
 Continue student presentations of portions of Defense direct examinations and Plaintiff’s
cross-examinations (in-class critique by professors/re-do exercises/recorded review by
students)
 Instruction and demonstration on closing arguments
 Brainstorm closing arguments in small groups
 Student presentations of portions of closing arguments (in-class critique by professors)
 Student preparation of witnesses for trial (witnesses provided)
Day 6. Final Mock Trial
9:00am-4:00pm:
 Full case is tried to panel of jurors with judge presiding
 Critique by professors after trial
 Students provided with recording for final trial self-critique
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