MEMORANDUM
DATE:
August 15, 2013
TO:
Trial Practice Students
FROM:
Machalagh Carr & Clayton O’Connor
SUBJECT:
Syllabus and Assignments for class on August 21, 2013
Welcome back! We hope you had a great summer. We are fortunate to
share the experience of this class together. We look forward to meeting each of
you and working with you this semester.
Enclosed please find the course syllabus. This will be a “learn by doing”
class and following some brief introductory remarks and a short lecture, each
student will have the opportunity to stand before our class and conduct the
exercise assigned for each class period. To develop trial skills, each student must
practice strategies and techniques under the watchful eyes of experienced
faculty. This class’s “learning-by-doing” trial advocacy training experience is
based on this simple premise.
Class attendance and thorough preparation are extremely important.
Students are expected to be in class each day the class meets—on time and
prepared for the day’s exercise. Students must also be prepared to actively
participate in role play as well as critiques of fellow students.
The required course materials will be: Trial Techniques-Mauet-9th edition.
Evidentiary Foundations-Imwinkelried and Barrett-7th edition is not required but
is recommended. Finally, you might consider buying Aristotle On Rhetoric,
George A. Kennedy, Oxford University Press 1991, that costs $13.00. It is an
excellent reference book and will be a resource for your professional library.
Your will also find enclosed a short case file of Hyde v. Beneficial Life Ins.
Co. For the first class, please read the assigned reading and this case file. As to
the case file, pick a side -– plaintiff (Hyde) or defendant (Beneficial Life Ins. Co.)
and try to identify three positive points and three weak points or weaknesses in
your case. Then prepare only a five minute closing argument wherein you
identify two positive points to support your position and address and make
counter arguments to address one weakness (or positive point for your
opponent). You might think it is curious to begin the first class with a closing
argument. On the contrary, a trial lawyer has to know at the outset how the case
will be explained to the jury before any decisions are made about presenting the
evidence. So let’s start at the end – closing argument. Above all don’t be anxious
about this first assignment. Welcome the opportunity to get up on your feet.
We’ll all learn together.
This first class is most important as the goal is to present an overview of
the course. The reading assignment is long, but the information is important as
you begin this course. Your knowledge of the Hyde file also will enable you
immediately to develop a global view of the course and the trial process. The
time you spend preparing for this first class will be redeemed throughout the
whole course. Equally important, you will get an opportunity to make this same
closing argument at the end of course. You will be amazed to see what you have
learned and how far you have come. So let’s get started -– read the material,
study the Hyde case file, and prepare your brief closing argument. See you in
court on Monday, August 20th.
Machalagh Carr
Clayton O’Connor
TRIAL PRACTICE
LAW 597 – Class 4948 Sec 1
Professors Machalagh Carr & Clayton O’Connor
FALL Semester 2013 – Room 249
SESSION 1
August 21
Presentation on Trial Advocacy. Reading
assignment – Mauet, Chapters 1&2, Chapter 4,
Chapter 9, and Chapter 11. Read attached Hyde
file.
Closing arguments presented
SESSION 2
August 28
Presentation on OPENING STATEMENTS. Reading
assignment - Mauet, pp. 61-95
Closing arguments revised and presented
SESSION 3
September 4
Presentation on DIRECT EXAMINATION & DIRECT
EXAMINATION WITH EXHIBITS. Reading assignment Mauet, pp. 97-168, 169-249
Opening statements presented.
SESSION 4
September 11
Presentation on CROSS EXAMINATION, OBJECTIONS, &
CROSS EXAMINATION WITH IMPEACHMENT. Reading
assignment - Mauet, pp. 251-311 & pp.447-481.
Direct examination presented.
SESSION 5
September 18
SESSION 6
September 25
Complete Trial of Hyde Case
Complete Trial of Hyde Case
SESSION 7
October 2
EXPERTS AND LAY OPINION. Reading assignment
Mauet, pp. 313-385.
JURY SELECTION. Reading
assignment - Mauet, pp. 31-60
Cross examination presented in the Rausch Case
(Subject to change)
SESSION 8
October 9
Presentation on CLOSING ARGUMENTS.
(Review again) - Mauet, pp. 387-445
SESSION
October
SESSION
October
CLOSING ARGUMENTS in the Rausch Case.
9
16
10
23
Group Trial (Rausch Case)
Group A Prosecution/ Group B Defense
SESSION 11
November 30
Group Trial (Rausch Case)
Group B Prosecution/ Group A Defense
SESSION 12
November 6
FINAL TRIAL: Commonwealth v. Stein -Group A Prosecution and Defense (Two Teams)
Group B Jurors
SESSION 13
November 13
FINAL TRIALS: People v. Sturgess
Group B Prosecution and Defense (Two Teams)
Group A Jurors
SESSION 14
November 20
CRITIQUE & FINAL LECTURE