ASSIGNMENTS FOR FIRST TEN WEEKS
simulated litigation problems & exercises
copyright © ray moses 2001
WEEK ONE: Interviewing - Clients & Witnesses. Problem 1 deals with an inital office interview of a prospective client who may retain you. Problem 2 deals with a jailhouse interview of an indigent client. Problem 3 deals with an office interview of a scene witness. Read about The Course and It's Structure. Read about your teacher's Philosophy of Trial Advocacy.
WEEK TWO: Exhibits. Each of the four problems deals with the introduction of some type of real or demonstrative evidence, i.e., Problem 1 - photographs, Problem 2 - business records, Problem 3 - a diagram, Problem 4 -a biological sample. Read about Elmo Use & Courtroom Demeanor.
WEEK THREE: Direct Examination. Problem 1 deals with the forgetful witness on direct examination and the possible remedies of refreshing recollection and recorded recollection. Problem 2 deals with the presentation of alibi testimony.
WEEK FOUR: Cross-Examination. Problem 1 deals with the cross-examination of Eyewitness Identification. Look at the DOJ Guide. Problem 2 deals with the cross-examination of a cooperating co-conspirator. There is also a graded exercise re impeachment with prior inconsistent statements.
WEEK FIVE: Expert Testimony. Problem 1 deals with interviewing and presenting the prosecution and defense testimony of a forensic pathologist (medical examiner) re a death by Drowning.
WEEK SIX: Making and Meeting Objections. Problem 1 is a loaded transcript with an objection worksheet; Problem 2 is loaded live questioning; Problem 3 is a series of loaded trial vignettes; there is also a take-home graded execise re objections to character evidence.
WEEK SEVEN: Jury Selection. Problem 1 deals with conducting the prosecution and defense voir dire of a panel of prospective jurors. Note: You must bring a guest to this class from 1-4 p.m.
WEEK EIGHT: Opening Statement & Jury Argument. Problems 1 and 2 each deal with the preparation and delivery of an opening statement and jury argument. There are two cases. Half of the class work from one transcript ( Kaplan - unlawful possession of a pistol ) and the other half work from the other transcript ( Mantooth -burglary of a habitation).
WEEK NINE: Motion Practice - Suppression of Evidence. Problem 1 involves a hearing on a motion to suppress evidence based on a claim of illegal search and seizure. Problem 2 deals with a hearing on a motion to suppress an oral confession.
WEEK TEN: Mini-trial teams negotiate their cases to an agreed settlement.
SYLLABUS FOR FIRST TEN WEEKS
THE LAST FOUR WEEKS - MINI-TRIALS
WEEK ELEVEN: State v. LeMarc - delivery & possession of cocaine
WEEK TWELVE: State v. White - aggravated robbery
WEEK THIRTEEN: State v. Kincaid - sexual assault
WEEK FOURTEEN: State v. Miller - aggravated assault
BEFORE THE COURSE ENDS, YOU'LL DO EACH OF THE FOLLOWING:
INVESTIGATE A CRIMINAL CASE - DEVELOP A FACTUAL AND LEGAL THEORY OF THE CASE -
ANALYZE AND UNDERSTAND APPLICATION OF THE RULES OF EVIDENCE -
PLAN AND IMPLEMENT A PLEA BARGAIN STRATEGY -
DEVELOP A PRETRIAL MOTION PLAN - DRAFT PRETRIAL MOTIONS -
PARTICIPATE IN A PRETRIAL MOTION HEARING -
OBTAIN AND PREPARE WITNESSES - DRAFT JURY INSTRUCTIONS -
PICK A JURY - TRY A CRIMINAL CASE TO A JURY VERDICT
GRADING WILL BE AS FOLLOWS:
First Ten Weeks of Simulated Litigation Problems & Journal: 40%
Mini-Trial & Pretrial Motions and Conference: 40%
Trial Notebook: 20%
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