Because of the intensive nature of the course, class participation is substantially weighted Attendance is mandatory. Mandatory attendance is waived only in the event of emergencies and with the approval of the course director. Students on the waitlist must attend while on the waitlist if they wish to be confirmed in the course at the end of the add/drop period should a spot arise. Further, because this course is taught by practitioners and because the course delivers trial practice skills, all students must understand and be prepared to conduct a final trial on the last scheduled workshop day that will start earlier and go later than the scheduled time for the workshop. In certain circumstances changes may be made to accommodate practitioners and students’ schedules.
This course facilitates the development of the skills necessary to conduct a jury or non jury trial. The course is also structured so that each student can develop a personal style of advocacy that is effective and appropriate for the individual student.
The course begins with basic trial advocacy skills (examination in chief and cross examination) and builds toward the more advanced skills (opening and closing, impeachment, difficult witnesses). Students also develop skills in analysis and strategy in trial planning. The course is organized around a one and a half hour lecture followed by a two hour workshop. The lecture focuses on the elements of the skills needed for the performance of specific exercises in the subsequent two hour session. Teaching and learning take place in small groups. In these small groups, students conduct (pre-assigned) tasks such as examinations in chief, cross examinations, opening addresses, and closing arguments. Performances of specific tasks are reviewed, analyzed, and graded on a honours/pass/fail basis under the critical guidance of instructors in the course. Advanced problems in the making and handling of objections and evidentiary issues, the effective introduction and use of exhibits, the impeachment and rehabilitation of witnesses, and the examination of expert witnesses are addressed within the same small group formats. Part of the small group sessions will be dedicated to group discussion and “brainstorming” on strategies and case analysis. For some of the classes, the witnesses will be “real life counterparts” such as police officers, homicide investigators, and forensic psychiatrists.
The course will include the conduct of a 2 hour trial on one of the Thursday evenings, and will conclude with the conduct of a full trial at the end of the course (on the last workshop date). In both the short and final trials, students work in teams. For the final trials, students’ choice of trial partner(s) will be given consideration. The final trials will take place off campus.
