Details

Pre-Trial Advocacy

Welcome to the Pre-Trial Advocacy class. This syllabus provides a brief overview of the topics we will cover during the semester, along with a description of the hands-on litigation exercises that you will engage in during class. As you probably know, the vast majority of civil cases never proceed to trial - much less to a jury. Rather, most cases are resolved either through settlement or through dispositive motion practice. To that end, this course will focus on those pre-trial activities and motion practice that most law firms and governmental agencies will expect junior attorneys to undertake upon graduating from law school. During class, we will study the law and strategies applicable to filing various types of court pleadings, and apply these concepts to real-world litigation scenarios and cases. Among other things, you will be required to draft motions, present brief oral arguments, and engage in pre-trial negotiations and other simulations with adversaries (i.e., your classmates). Therefore, class attendance is mandatory. On the first day of class, and throughout the semester, you will receive handouts and case materials relevant to the material to be covered in class. You should bring these documents to the relevant classes. We look forward to providing you with an exciting and rewarding experience as you navigate the law in practice. Course Description In this three credit class, we will examine strategies, procedures, and simulations dealing with pre-trial proceedings, with a particular focus on obtaining preliminary relief and motion practice. Specifically, students will draft a complaint, an answer, a motion for a preliminary injunction, a motion in limine, and a summary judgment brief. In addition, you will have an opportunity to argue a number of these motions in a simulated courtroom setting. Through course materials, lectures, and discussions, you will garner the tools and insights necessary to perform these real world litigation tasks. Therefore, we expect you to prepare for each class meeting by completing the assignments designated for that meeting. Weekly Case Meetings The class will be divided into teams of two or four depending upon the assignment. Each team will be responsible for handling each assignment dealing with the various stages of pre-trial litigation. It is expected that each assignment will be handled as a team, with the team members deciding upon the division of responsibilities. Grading As this class is composed of less than 24 students, a curve does not apply. You will be graded based upon a set formula which takes into account class participation and attendance (20%), written work product (30%), oral motion presentations (20%), and a final written brief (30%). The grading breakdown will be discussed further on the first day of class.


Catalog Number: LITARB 616
Practice Areas: Civil Lit. and Dispute ResolutionLegal Skills Development


Course History

Fall 2013
Title: Pre-Trial Advocacy
Faculty: Mayer, Michael P.
Shapiro, Andrew D
Section: 1     Credits: 3.0
Capacity: 24     Actual: 24



Fall 2012
Title: Pre-Trial Advocacy
Faculty: Mayer, Michael P.
Section: 1     Credits: 3.0
Capacity: 24     Actual: 24



Fall 2011
Title: Pre-Trial Advocacy
Faculty: Mayer, Michael P.
Section: 1     Type: Advocacy     Credits: 3.0
Capacity: 24     Actual: 22



Fall 2010
Title: Pre-Trial Advocacy
Faculty: Maddali, Chaitanya
Mayer, Michael P.
Section: 1     Type: Advocacy     Credits: 3.0
Capacity: 24     Actual: 24