TRIAL PRACTICE FALL SEMESTER, 2015 SECTION B Professor Carl B. Schwait cschwait@gmail.com Professor Craig DeThomasis craig@reasonabledoubt.org Classroom 360 Class Times: Monday Evenings 5:20-7:20 p.m. Thursday Evenings 5:20-6:20 p.m. Workshops: Wednesday Evenings 5:20-8:30 p.m. Final Trials: Friday/ Saturday, October 23/24 and Friday/Saturday, November 13/14 Course Materials and Text: 1. Cases and Materials available on TWEN for this course, or if you choose to purchase a hard copy of Cases and Materials, they are available at Book-iT. 2. Florida Evidence Code Summary Trial Guide, which is available at the Levin College of Law Bookstore. 3. Thomas A. Mauet, Trial Techniques and Trials, Ninth Edition (Aspen) Other Recommended Resources: Carlson, A Student s Guide to Elements of Proof. (Thomson West) Ehrhardt, Florida Evidence 2005 Edition Ehrhardt, Florida Trial Objections. Immwinkelried, Evidentiary Foundations. 5 th Edition Dubin and Guernsey,. (Anderson) Lubet, Modern Trial Advocacy. (NITA) Haydock and Sonsteng, Trial. (WestGroup) McElhaney, Trial Notebook. (ABA) ============================== CLASS SCHEDULE AUGUST 17th Subject: Introduction to Class AUGUST 19th Subject: Basic Direct Examination of Lay Witness Read: Chapter 5 in Mauet, Trial Techniques and Trials
Schedule, page 2 AUGUST 20th Subject: Basic Direct Examination of Lay Witness, Continued from class of August 20th Read: Chapter 5 in Mauet, Trial Techniques and Trials AUGUST 24th Subject: Basic Cross Examination Read: Chapter 6 in Mauet, Trial Techniques and Trials Workshop on Direct Examination AUGUST 26th Assignments: 1. Submit written direct examination outline. Notes on Assignment: 2. Be prepared to conduct Direct Examinations Problems #1 and 2 in Cases and Materials. State of Florida v. Sheila Menlo and State of Florida v. Cynthia Rushing. 1. Students should be prepared to perform the direct examinations and also to function as opposing counsel for the other direct examination. This function includes interposing all appropriate objections to the direct examination. You are not expected to perform a cross examination at this point. 2. NO DEMONSTRATIVE AIDS (diagrams, blackboard, etc.) are to be used during this initial direct examination. Class: Lecture AUGUST 27th Subject: Basic cross examination, continued from class of August 24 th AUGUST 31st SEPTEMBER 2nd Note on Assignments: SEPTEMBER 3rd SEPTEMBER 7th SEPTEMBER 9th Subject: Real & Demonstrative Evidence, Read Chapter 7 in Mauet, Trial Techniques and Trials Workshop on Basic Cross Examination and Continuation of Direct Examination Be prepared to conduct cross examinations Problems #3 and #4 in Cases and Materials Winthrop v. Preston s Tree Service and Peter Thompson and State of Florida v. Strong No demonstrative aids are to be used in the exercise this week. Subject: Use of Technology in Trial HOLIDAY Workshop on Introduction and Use of Real and Demonstrative Evidence Be prepared to lay foundations for real and demonstrative evidence: Problems #5 and 6 in Cases and Materials
Schedule, page 3 State v. Menlo (exhibits only) and Gentry v. Antiques-4-Less Note on Assignment: All Students should be prepared to perform all problems. You should be prepared to lay the predicate for introduction of the exhibit, go through the process of introducing the exhibit, and then using the exhibit to greatest effect before the jury. You should also be prepared to oppose the offer and to cross examine appropriate witnesses. Class: Lecture SEPTEMBER 10th Subject: Expert Witness Read Chapter 8 in Mauet, Trial Techniques and Trials Class (Hour 1): Lecture and Demonstration SEPTEMBER 14th Subject: Expert Witness Class (Hour 2): Lecture Subject: Criminal Litigation Workshop on Examination of Expert Witnesses SEPTEMBER 16th Problems #7 and 8 in Cases and Materials State v Harris (full direct/cross) and Justine Minor v. Paradise Police Department Trial Cases will be assigned before class adjourns in order to give all students a chance to begin case analysis and prepare for the upcoming week (Jury Selection!) SEPTEMBER 17th Class: Lecture Subject: Civil Litigation Class (Hour 1): Lecture and Demonstration SEPTEMBER 21st Subject: Voir Dire Read: Chapter 3 in Mauet, Trial Techniques and Trials Class (Hour 2): Lecture Subject: Trial Psychology and Persuasion Read: Chapter 1 in Mauet, Trial Techniques and Trials Workshop: Jury Selection; Case Analysis SEPTEMBER 23rd Be prepared to discuss at least three areas that should be covered in jury selection in your assigned trial case consider both sides SEPTEMBER 24th Subject: Trial Organization and Planning Read: Chapter 2 in Mauet, Trial Techniques and Trials SEPTEMBER 28th Class (Hour 1): Lecture and Demonstration. Subject: Opening Statement, Read Chapter 4 in Mauet, Trial Techniques and Trials Class (Hour 2): Lecture and Demonstration Subject: Closing Argument Read Chapter 9 in Mauet, Trial Techniques and Trials Workshop on Opening Statements and Closing Arguments SEPTEMBER 30th Be prepared to conduct an opening statement and a closing argument in your assigned trial case OCTOBER 1st Class: Lecture & demonstration Subject: Judiciary and Professionalism Read: Chapter 11 (Bench Trials) in Mauet, Trial Techniques and Trials
Class (Hour 1): Lecture and Demonstration OCTOBER 5th Subject: Motion Practice (Civil) Class (Hour 2): Lecture and Demonstration Subject: Motion Practice (Criminal) Schedule, page 4 OCTOBER 7th Class: Practice Trial #1; Critique and Discussion Team 1 (P) vs. Team 2 (D) attorneys or as witnesses OCTOBER 8th Class: Practice Trial #2; Critique and Discussion Team 3 (P) vs. Team 4 (D) attorneys or as witnesses OCTOBER 12th Class: Practice Trial #3; Critique and Discussion Team 5 (P) and Team 6 (D) attorneys or as witnesses OCTOBER 14th OCTOBER 15th OCTOBER 19 th OCTOBER 21st OCTOBER 26th NOVEMBER 4th Class: Discussion Subject: Review for Individual Trials Subject: Media and the Law Discussion of upcoming Trial competition Interactive Review Review of First Round of Trials Review for Specific Trials Final Class NOVEMBER 16th Subject: Discussion of Course We will look at verdicts and discuss trials. Book Awards for the course will be announced in class. This class is mandatory.
PRACTICE TRIAL SCHEDULE Schedule, page 5 OCTOBER 7th Class: Trial #1; Critique and Discussion Team 1 (P) vs. Team 2 (D) attorneys or as witnesses. OCTOBER 8th Class: Trial #2; Critique and Discussion Team 3 (P) vs. Team 4 (D) attorneys or as witnesses. OCTOBER 12th Class: Trial #3; Critique and Discussion Team 5 (P) and Team 6 (D) attorneys or as witnesses. TRIAL COMPETITION SCHEDULE All trials will be held at the Criminal Justice Center on South Main Street unless otherwise posted or announced in class. ALL STUDENTS ARE REQUIRED TO BE PRESENT AT ALL SESSIONS -- WHETHER TRYING THE CASE, ACTING AS A WITNESS, OR PREPARING A CRITIQUE. FRIDAY 5:00 P.M., Trial Competition and Critique, Round I. OCTOBER 23rd Darcy v. Beauchamp SATURDAY OCTOBER 24th SATURDAY OCTOBER 24th 8:30 A.M., Trial Competition and Critique, Round II. State v. Wynn 1:30 P.M., Trial Competition and Critique, Round III. Temple v. Prime Global =========================== =========================== FRIDAY NOVEMBER 13 th 5:00 P.M., Trial Competition and Critique, Round IV. Darcy v. Beauchamp SATURDAY 8:30 A.M., Trial Competition and Critique, Round V. NOVEMBER 14 th State v. Wynn SATURDAY NOVEMBER 14 th 1:30 P.M., Trial Competition and Critique, Round VI. Temple v. Prime Global
TRIAL PRACTICE -- COURSE REQUIREMENTS Schedule, page 6 1. ATTENDANCE POLICY: Attendance is required at AL L sessions. (All classes, all workshops, and all trials, whether participating as an attorney, a witness, a juror, or a critiquer). Attendance will be taken at all classes, workshop and trial sessions. An unexcused absence at a workshop or trial session can result in the student receiving no credit for the course. All absences for class must be pre-approved by your professor. 2. EXCUSED ABSENCES: a. Excuse based on written requested, submitted and approved by the professor in charge of the course (not the workshop instructor) before the class to be missed. The following are NOT considered acceptable reasons for absence: Employment interviews, social events, Supreme Court trips, visits to the Florida State Prison, clerking duties with a law firm. b. Excuse based on illness. This absence may be approved after the fact upon sufficient showing of severe illness. 3. DRESS: For ALL Workshops AND ALL trial sessions, attire appropriate to the courtroom is required. Dress at other class sessions may be casual. 4. GRADING: The class will be graded on a pass/fail basis. In addition to attendance at all classes and performance requirements, the student is required to submit a document showing that the student has reviewed videotapes of his or her performance and to submit homework to workshop instructor.
IMPORTANT DATES AT A GLANCE (Section B) Schedule, page 7 Workshop Dates August 26, 2015 -- 5:20 p.m. September 2, 2015 -- 5:20 p.m. September 9, 2015 -- 5:20 p.m. September 16, 2015 -- 5:20 p.m. September 23, 2015 -- 5:20 p.m. September 30, 2015 -- 5:20 p.m. Practice Trial Dates October 7, 2015 -- 5:20 p.m. October 8, 2015 -- 5:20 p.m. October 12, 2015 -- 5:20 p.m. Final Trial Dates October 23, 2015 -- 5:00 p.m. October 24, 2015 -- 8:30 a.m. October 24, 2015 -- 1:30 p.m. November 13, 2015 -- 5:00 p.m. November 14, 2015 -- 8:30 a.m. November 14, 2015 -- 1:30 p.m.