This course examines the legal issues that arise once adversarial criminal proceedings commence. Topics covered may include bail, preventive detention, the powers of the grand jury and limits of those powers, the prosecutor's charging decision, pleadings and plea bargaining, competency of the defendant to stand trial, discovery, jury selection, examination of witnesses and presentation of evidence, sentencing, and attack on convictions.
This course explores negotiation, arbitration, and mediation as alternatives to litigation in resolving civil disputes. Practical strategies for lawyers are also discussed. A primary area of focus is the role of the lawyer in each of the different processes. Simulations are conducted to develop practice skills and as a basis for exploring the public policy and other issues that arise in this area.
This course combines lecture and practical skills training in the context of a simulated courtroom trial. Legal rules and principles applicable to trial, as enunciated in statutory and case law, including chamber conferences, jury selection, opening statements, trial motions, witness examination, jury instructions, and final arguments are covered. Practical strategies for lawyers are also discussed. Prerequisite: Evidence (LAW 406).
In preparation for international moot court competitions, students will study the basic structure of international law, methods of effective international legal research and effective appellate advocacy in the context of international law. Enrollment will be dependent on approval by a faculty advisor and/or adjunct couches. Enrollment will be limited to competing students and the course will be offered only in instances when the school will field a team.
Students prepare for and compete in inter-school trial advocacy competitions, which include making opening statements and closing arguments, witness examination, trial motions, introducing evidence, and arguing objections. The unique nature of competitive practice emphasizes the balance between preparation and improvisation, and between strategy and ethics, as well as the refinement of trial themes and utilization of courtroom technology and presentation techniques. Prerequisite: Previous or current enrollment in Trial Advocacy Honors Board (LAW 567). Unit assignment will be based on a further interview conducted by the TAHB faculty advisor and adjunct coaches.
Although many law schools focus on trial advocacy skills (i.e. opening Statements, direct and cross examination, closing statements), few law school courses focus on what happens in a courtroom prior to trial, or after the trial. This course will introduce the law student who is specifically focused on a career in criminal law to the variety of motions made in a criminal courtroom, familiarize the student with the legal slang used to refer to such motions, and help the student to understand and argue the basics of these motions. Prerequisite(s): Criminal Law (LAW 105), Criminal Procedure (LAW 405) and Evidence (LAW 406).
A combination lecture and practical skills based on an actual courtroom trial. Emphasizes legal rules and principles applicable to trial, as enunciated in statutory and case law, including chamber conferences, jury selection, opening statements, trial motions, witness examination, jury instructions, and final arguments. Practical strategies for lawyers are discussed. Prerequisite: Evidence (LAW 406).
An introduction to the theoretical structures involved in interviewing, counseling, negotiation, and trial skills. Students are given the opportunity to perform simulations of lawyering tasks and discuss their externship or Clinic experiences. Prerequisite: This course must be taken with a student’s initial externship (LAW 609 or 609J) or initial Clinic experience (LAW 617, 618, or 619). *Prior to Summer 2014, this course was titled Lawyering Skills.
An advanced analysis of Federalism and the allocation of power between state and federal courts, constitutional policy limitations on jurisdiction, such as the abstention doctrine and principles of equity and comity. Federal court intervention in state court proceedings by injunction and habeas corpus also are discussed.
Examines problems involved in representing clients in pretrial and at trial in intellectual property cases, including factual investigation, negotiation, and specialized discovery and evidentiary problems. Special emphasis will be placed on the interrelationship between various types of intellectual property. Prerequisite: At least one of the core courses - Copyright Law (LAW 701), Trademark Law (LAW 702), or Patent Law (LAW 703).
Juvenile Trial Advocacy surveys and analyzes the specialized lawyering skills and evidentiary rules necessary to provide children and adolescents zealous and competent representation in juvenile cases involving delinquency, child dependency, status offenses, and mental health proceedings. Students will have the opportunity to learn and apply the full range of trial skills (direct, cross examination, closing arguments, and motion practice) in the unique procedural world of juvenile law.
Student teams research and prepare appellate briefs and practice oral arguments, under the direction of a faculty advisor or faculty coach and/or provide other services for general Moot Court Honors Board (MCHB) activities. Enrollment is based on membership on the MCHB and subject to the approval of the MCHB and faculty advisor(s).
An analysis of forum selection, pleading, motion practice, investigation, and discovery tactics through courtroom simulation.
Students prepare for internal and external mock trial competitions and work on activities related to the Trial Advocacy Honors Board (TAHB), including participation as witnesses, lawyers, or judges during practice rounds for external mock trial competitions; coaching incoming students auditioning for membership onto the TAHB; coordinating the Board’s participation in external competitions; or otherwise participating in the management or administration the Board’s activities. Enrollment is based on membership on the TAHB and subject to the approval of the TAHB and faculty advisor(s).