PRETRIAL LITIGATION

Course (4 hours)

Prof. Lubet

Description:
This course introduces all aspects of the pretrial process including investigation, interviewing, counseling, discovery, and motion practice. Students are assigned to two- or three-person law firms to engage in the simulated litigation of a single case throughout the semester. Under the supervision of a "senior partner," the students generate a series of litigation exercises by scheduling interviews, meetings, depositions, and motions. The students develop a "theory of the case" and are responsible for effectuating it in accordance with the rules of professional responsibility.

The course emphasizes student decision-making in a litigation setting. There are no set exercises in Pretrial Litigation. The content of the weekly sessions is determined solely by the student litigation plan. All litigation exercises are observed and critiqued by faculty members, including practicing lawyers and judges. The course concludes with the formal argument of contested motions. Grades are assigned on the basis of the students weekly performances, senior partner meetings, and presentation of final motions.

NOTE ON SCHEDULING: This class is scheduled for two time slots of three hours each, but the class will not meet for six hours each week. Students must keep all six hours free. Since the exercises will vary from week to week, students must keep all six hours available for PTL. Students may not drop this course after the first week of classes.

Course Adjuncts

INTRODUCTION TO TRIAL ADVOCACY

Course (3.5 hours)

Prof. Lubet

Description:
Trial advocacy skills are developed through students' presentation of solutions to problems at weekly class sessions. The problems require students to examine witnesses; introduce physical, documentary, and other types of evidence; present and challenge the testimony of expert witnesses; present opening and closing arguments; and select a jury. In addition to regularly weekly problem preparation and classroom presentations, each student is responsible for the preparation and trial of a mock civil or criminal case before a jury. Students' performances are evaluated by faculty, practicing trial attorneys, and judges. This course is designed to maximize the development of decision-making and analytical ability. The various problems emphasize the importance of theory choice by lawyers, as well as the interrelationships among the rules of trial procedure, evidence, and legal ethics. This class is closely coordinated with the Evidence section taught by Professor Burns; The coverage in Professor Hughes' evidence class is also co-ordinated with Clinical Trial Advocacy. Students are strongly urged to enroll simultaneously in either Professor Burns' or Professor Hughes' Evidence class, although any section of Evidence meets the Corequisite or Prerequisite requirement. In addition, students are encouraged to enroll simultaneously in Burns/Lubet/Geraghty section of Legal Ethics, which is taught from the same core materials.

Corequisite or Prerequisite: Evidence.

This course is graded on the basis of the students' weekly performances and final jury trial. There is no exam. Attendance is mandatory. Students may not drop this course after the first week of classes.

Course Adjuncts

TRIAL PRACTICE I & II

Course (3 hours)

Ms. Scott

Description:
This is a one-semester course. The faculty consists of sitting judges and active trial lawyers all of whom have extensive experience teaching trial practice. In the classroom, students perform problems as trial counsel in small groups with a faculty member in charge of each group. These problems include direct and cross examination of lay and expert witnesses, adverse examinations, introduction of exhibits, impeachment, opening statements, and closing arguments. Each student's performance is critiqued by a faculty member. Faculty will also occasionally give demonstrations of trial skills and brief lectures. Many of the student performance are video taped and then reviewed by the student with a faculty member. In addition, students prepare and try two complete cases--a midterm bench trial in the Circuit Court of Cook County and a final jury trial in the Federal District Court. Grades are based on performance both in the classroom and in the trials. Consideration is given to preparation and development, as well as quality of performance. Classroom attendance and participation is essential.

Prerequisite: Civil Procedure I, Evidence

Course Adjuncts

ADVANCED TRIAL ADVOCACY

Course (3 hours)

Prof. Lubet

Description:
This course is an advanced study of trial practice, intended for students who are seriously considering careers as courtroom advocates. Students will perform weekly simulation exercises, focusing on advanced concepts in the trial of civil and criminal cases. Issues will include trial theory development, expert testimony, complex trials, and advanced examination techniques. The course will be taught by a team of experienced practitioners and judges. Participation and attendance is mandatory.

Prerequisite: Introduction to Trial Advocacy

Enrollment only by permission of Professor Lubet.

Course Adjuncts

LEGAL ETHICS

Course (3.5 hours)

Prof. Burns, Geraghty, Lubet

Description:
This section is coordinated with Introduction to Trial Advocacy (Clinical) and its companion Evidence course. You must be taking or have taken Clinical Trial Advocacy Course to take this course. In this section students will participate in simulated interviews, counseling sessions, negotiations, and trial exercises that present central issues in professional responsibility. Students will defend and prosecute simulated cases against attorneys; other students will deliberate on the cases and present opinions. The course will cover the traditional range of topics in Professional Responsibility, with an emphasis on those that arise in relation to litigation and negotiation. Students will be asked to keep a journal, commenting on the various ethics simulations. Introduction to Trial Advocacy (Clinical Trial Advocacy) is a co-requisite (or pre-requisite) for this course. This course satisfies the legal ethics requirement.

Grades are assigned on the basis of an "Ethics Journal" kept by each student over the course of the semester. There is no exam.

Course Adjuncts

BUSINESS LITIGATION

Course (4 hours)

Prof. Lubet

Description:
This course, which is offered to both law and business students, introduces all aspects of the business litigation process including case analysis, fact investigation, interviewing, counseling, deposition practice and trial advocacy. Law students are assigned to two- or three-person "legal departments" to engage in the simulated litigation of a single case throughout the semester. Business students will play the roles of clients or client representatives. Under the supervision of an adjunct faculty member ("senior partner") the students perform a series of litigation exercises. The law and business students jointly develop a "theory of the case" and are responsible for effectuating it in accordance with the rules of procedure, evidence, and professional responsibility. The course emphasizes joint decision-making in a litigation setting. The law students must present their clients with an array of tactical and strategic, counseling them as to the likely consequences of various courses of action. Business students will make the appropriate business decisions regarding the objectives of the litigation and otherwise instruct (or take counsel from) their attorneys. The litigation exercises will be observed and critiqued by faculty members, including practicing lawyers and judges. The course concludes with a formal bench trial or arbitration. The course meets twice weekly for law students and KGSM students meet once a week on the second scheduled day. Law students will be graded on the basis of their performance in the observed exercises. Business students will be graded on the basis of a course journal. This course will meet on the 10 week, University Winter Quarter calendar.

Last Modified: March 7, 2003

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