FROM STONE AGE TO
INFORMATION AGE
Advanced Trial
Advocacy: Litigating in
a High-Tech Courtroom
(2013]
Courtroom Technology
Computer Graphics
Mock Trial Exercises
Professors Mark Austrian and Steven Pavsner
Law-913-001-2013
I.
Introduction
Information, no longer stored and transmitted predominantly by paper, is presented,
stored and retrieved in various types of electronic formats, often referred to as ESI
(Electronically Stored Information). Lawyers must understand the consequences of this dramatic
change as they contemplate how to present to the jury, the Court or any decision making body
information received from clients and other parties to the dispute. The course focuses on the
organization and presentation of information for the jury. i.e., persuasive arguments using 21st
century technology in an 18th century environment-the courtroom.
Sanction will be the primary presentation software and CaseMap the primary database
used in the course, in addition to more traditional software, e.g. PowerPoint. Students will add
Sanction and CaseMap onto their computers and learn to use and apply its various features which
are designed solely for pre-trial and trial use. The seminar will focus on integrating and using in
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a jury trial setting different types of tangible evidence (exhibits, videos, illustrations,
demonstratives) into this overall presentation software.
This seminar will have a maximum of eight students who have taken the basic course in
evidence. Four students will represent the plaintiff (Group A) and four for the defendant (Group
B) in the mock trial exercises. Groups will be assigned at the second class. While there will be
lectures and discussions, the central theory of the seminar is learning by doing-using tangible
evidence in a courtroom setting.
Computer hardware and software. Students will need a laptop computer installed with
PowerPoint, CaseMap and Sanction software. The CaseMap and Sanction software will be made
available through the law school. Students wishing to take the course who do not own a laptop
computer should contact Professor Mark Austrian at (202) 342-8495.
Books. All students should purchase the Dixon case-file. A case file for the Quinlan casefile can be picked up from Kimberly Green at Room 310B between 10:00am-3:30pm (Other than
between Christmas and New Year). The PowerPoint slides from the Quinlan case file will be
posted on MyWCL. Additional reference materials that expand upon the subject matter are
referred to in the various course segments described below.
Course structure. There will be four essential parts to each seminar class:
●
Student Preparation: Background reading will be assigned for each
seminar class. This reading will relate to the subject matter of the Lecture.
●
Lecture/Discussion: This will set the context, explains the history and
application of the rules, and present for discussion key evidentiary,
philosophical or fairness questions with respect to the topic for the day.
Many seminar classes will be enriched by outside consultants to discuss
visual presentations and case automation.
Demonstration: Before each exercise, there will be a demonstration of that
exercise. For example, during the seminar class before the exercise for opening
statements there will be a discussion and demonstration of opening statements.
The lecture/discussion/demonstration segment will occur during the first hour of
each class.

II.
Simulation Exercise. Students will prepare and present a particular piece
of tangible evidence. It is critical to understand the strength (or
weaknesses) of visual presentations by actively working with them. This
segment will include an informal faculty critique after each presentation.
Class Simulations
The class will be broken down into two groups of 4 students each, one representing the
plaintiff (Group A) and one for the defendant (Group B). For each exercise a team leader will be
chosen to organize the presentation. This syllabus assigns you problems to prepare as counsel.
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Simulations. For the purposes of this course, our classroom is a courtroom. Once a
simulation exercise begins, we generally do not stop to ask or answer questions. If we did, you
would not learn to deal with unexpected events and adverse circumstances. Similarly, once a
simulation begins, you are expected to observe all traditional requirements of courtroom
decorum -- standing to address the court, asking to approach the bench and witnesses and the
like. In the NITA materials, years are designated YR-0, YR-1 and the like. YR-0 is this year,
YR-1 is last year. During the simulated exercises, please say the correct year, e.g. 2008, instead
of YR-2.
Collaboration and Cooperation. The practice of law is often a collaborative
experience. Developing skills of collaboration and cooperation can make law practice more
interesting and enjoyable for lawyers -- and result in a better outcome for clients. Therefore, you
may work with others in preparing for virtually every facet of this course. In preparing any
problem, you may work with other class members up to the point where you are ready to plan the
words of the actual questions you will ask, or jury speech you will give. The questions asked
and the opening or closing statements should be your own.
Witness Preparation and Roles. You will select another class member in your Group
as your partner for preparing direct examinations. That person should be prepared to play the
role of your witness in the direct examination and you should be prepared to play that student's
witness for him or her. Prepare your witness to testify as they would in an actual case. So,
counsel who will inquire on direct prepares the witness for direct examinations and works with
the witness to prepare them for expected cross-examination. That same witness will be subject
to cross-examination during the cross-examination segment.
Witnesses may testify to any fact that is consistent with or supported by the facts
contained in the problem itself. Witnesses should not speak with opposing counsel (that is,
counsel who will cross-examine).
Grading and Attendance. Students will be evaluated on several criteria and a letter
grade will be assigned.
 The organization and development of a coherent case theory;
 The use of tangible exhibits to persuade the listener; and
 The integration of tangible exhibits into the presentation (opening, closing or testimony).
The course grade will be based 50% upon classroom work and 50% on the final trial
presentation. Absolutely no weight is given to whether or not you lose your trial, or to how well
the other members of your trial team perform. Because the course meets so infrequently,
students with unexcused absences will receive lowered grades. If for any reason you cannot
make the class, please discuss this with Mark Austrian beforehand
Day 1 (1/8/13). Introduction to Training in the High-Tech Courtroom.
Lecture`/Discussion
A. Course Overview/Introduction to Visual Presentation (MLA)
B Visuals on Opening Statement (SP)
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Pre-Class Reading
The Quinlan Case-File
Day 2 (1/15/13) Proper Use/Avoidance of PowerPoint at Trial
Student Exercise (PowerPoint)
Prepare 5 minute opening statement on one issue presented by the Quinlan case using
PowerPoint slides.
Discussion/Lecture
Direct and Cross-Examination using PowerPoint Slides and Demonstration (MLA
Direct/SP Cross)
Pre-Class Reading
The Quinlan Case-File (continued)
Day 3 (1/22/13). Direct Examination/Cross-Examination Using PowerPoint Slides
Student Exercise
Conduct Direct and Cross-Examination using PointPoint Slides (5 minutes each)
Lecture/Discussion
Closing Statements using PowerPoint Slides and Demonstration (SP)
Pre-Class Reading
Start Reading the Dixon Case File
[Note-Dixon files distributed at the end of class for loading into CaseMap]
Day 4. (1/29/13) The Beginning of the Dixon Case/Case Theory/Introduction to CaseMap
Lecture/Discussion
Case Theory; Introduction to CaseMap (Webinar)
Student Exercise
Each Team will select a team leader to discuss Case Theory for Plaintiff and Defendant
1. Your legal theory of the case (why the law allows you to win);
2. Your factual theory of the case (what you will say really happening and why);
3. Your persuasive theory of the case (why it is fair and equitable for your client to win;
and
4. What types of visuals will be most useful.
Pre-Class Reading
The Dixon Case-File (continued)
Help Menu, CaseMap Quick Start Tutorial, Lesson 1-Organize
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[Note: CD with documents in the appropriate format for the Sanction software will be
distributed]
Day 5 (2/5/13) Sanction Training (Loading the Exhibits/Visuals)
Lecture/Discussion
Practical Application of Sanction Presentation Software (Guest Lecturer)
Pre-Class Reading/Assignment
Load Dixon file into Sanction
Exhibit Loading Memo (to be supplied)
Day 6 (2/12/13). Practice Student Opening Statements/Video Depositions
Student Exercise
Opening Statements Using Sanction (Each student will have 5 minutes)
Lecture/Discussion
Video-Taped Depositions/Developing Information for Cross-Examination
Pre-Class Reading
The Dixon Case-File
Day 7 (2/19/13). Video-Taped Depositions
Student Exercise
Video Taped Depositions (Each Team has 30 minutes to videotape)
Lecture/Demonstration
Direct Examination with Sanction/Organizing Sanction Information (MLA)
Pre-Class Reading
The Dixon Case-File
Day 8 (2/26/13). Practice Student Direct Examination
Student Exercise
Direct Examination with Sanction; Loading Deposition Clips into Sanction
Lecture/Discussion/Demonstration
Cross-Examination /Organizing Sanction Information (SP)
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(SP)
Pre-Class Reading
The Dixon Case-File
Day 9 (3/5/13). Visual Techniques for Improved Advocacy
Lecture/Discussion
Effective Visual Presentations
Guest Presentation
Student Exercise
Teams meet in class to discuss and develop visuals with guest lecturer
Pre-Class Reading
Infographic_Handout
.pdf
Spring Break 3/10-17
Day 10 (3/19/13). Practice Student Cross-Examination/Impeachment
Student Exercise
Cross-Examination
Lecture/Discussion
Closing Statements
Pre-Class Reading
The Dixon Case-File
Day 11 (3/26/13). Practice Student Closing Statements
Student Exercise
Closing Statements using Sanction
Lecture/Demonstration
The Judge/The Jury/Getting Ready for Trial
Pre-Class Reading
The Dixon Case-File
Day 12 (4/2/13). Trial Practice and Preparation
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Teams will work with each other to prepare for opening/direct etc. with an emphasis on
the visual presentation of the evidence using Sanction software.
Day 13 (4/9/13). Trial Practice and Preparation With Actual Witnesses
Day 14 (4/16/13).
Pre-Trial Motions
Teams will argue pre-trial motions. (First Hr.)
Brainstorming based upon pre-trial rulings
Final Exam (Saturday, April ) (Videotape). Team Trial Emphasizing Visual
Presentations (Graded and Critiqued)
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