Note: Students who enrol in Trial Advocacy are advised that no class is scheduled on Tuesday, September 5, 2023. The first class will be held on Thursday, September 7, 2023.
Because of the intensive nature of the course, attendance is mandatory. This includes mandatory preparation for, attendance at, and participation in, the first session of the course (Thursday, September 7, 2023). Mandatory attendance is waived only with the approval of the Assistant Dean, or their delegate. Students on the waitlist must attend all classes and will be penalized for classes missed during the add/drop period in the same way they are during the rest of the term.
Structure of the Course:
The course is organized around Thursday lecture/participation sessions and Tuesday participation workshops. The sessions on Tuesdays and Thursdays are led by experienced trial lawyers who are part of the teaching faculty in the course. The Thursday sessions are designed to teach the trial skills needed to perform the specific trial tasks assigned for the next following Tuesday workshop session.
Final Trials -- The course culminates in teams of students conducting a Final Trial before a judge and a jury on the last Tuesday workshop of the course (likely Tuesday, November 28, 2023). The trials will be conducted in person at the courthouse at 361 University Avenue subject to the availability of the courthouse, judges, and public health directives.
The final trials may start earlier and end later than the scheduled time for the workshop. If the final trials are being conducted in person in the courthouse, students will be expected to be in the courthouse by at least 5:45 pm to clear security and to be ready to start their trials at 6:10 pm sharp. If a student has a course that precedes the Trial Advocacy Tuesday final trial session, the students will be responsible for arranging early departure from their course on the final trials evening.
NOTE: The final trial case file for the 2023 year will be different from the case file we have used in the course before. In previous years, the final trial case file involved a claim on an insurance policy and the central issue was whether the insured died by accident or by their own deliberate act. The final trial case file will be either a civil case or a criminal case. It will still be tried before a jury.
Skills taught -- This course facilitates the development of the advocacy skills necessary to conduct a jury or non-jury trial or hearing. The course is structured so that each student can develop a personal style of advocacy that is effective and appropriate for the individual student both in person and virtually.
The result of the Covid 19 pandemic in our courts has been shifted toward more virtual advocacy. Most motions are now heard on a virtual platform (Zoom). Many trials – and portions of trials – are conducted virtually. Students will learn best practises for in person and virtual advocacy. Some lectures and some workshops may be conducted virtually to give students the opportunity to practise their advocacy skills in a virtual courtroom. Students will be obliged to learn and use Case Centre – the cloud based file system that has replaced the paper based file system in our courts. Students will receive hands on training in how to effectively use Case Centre.
Students begin by learning and doing basic trial advocacy skills (examination in chief and cross examination). Students then progress to learn how to use exhibits, how to properly impeach witnesses (also using screen sharing effectively) opening statement and closing argument (all with visual aids). Students will also develop skills in making objections and analysis and strategy in trial planning. For some classes, the witnesses will be “real life counterparts” such as police officers. Midway through the course, students will conduct an in person “mini-trial” in their small groups, with police officers attending to be examined and cross examined.
This course uses Quercus. Workshop assignments will be posted to Quercus before each workshop. The assignment will contain the readings pertaining to the next skill to be learned, and a description of the tasks you must prepare and then perform at the coming workshop. Each workshop assignment will require that students submit a written component. The written component will not be graded and can be in any length the student determines is appropriate and can be in point form, but submission of work on time is mandatory. The written materials must be sent to (assignments.law@utoronto.ca) before 6 pm on the day of the Tuesday workshop.
Mandatory attendance is waived only with the approval of the Assistant Dean, JD Program. Failure to attend a class session or to hand in your required written preparation without an authorized absence will result in a no credit for the course. Students enrolled in the course will be required to confirm in writing that they understand this requirement and will attend classes subject only to authorized absences.
Authorized absences can only be granted in writing by the Law School administration in advance of any session, and not by the course directors or instructors. Students cannot request an authorized absence from course instructors or course director.
