Legal advocacy (wykład) - 2018/2019

Course description
General information
Lecturer:dr Delaine Swenson prof. KUL
Organising unit:Faculty of Law, Canon Law and Administration - Instytut Prawa
Number of hours (week/semester): 2/30
ECTS code:10900-0201-0200WYK0106
Language of instruction:English
Course objective
Prerequisites
COURSE TYPE AND PREREQUISITES: elective course for III, IV, V year students of law, administration, European studies, intermediate level of English.
OBJECTIVES: This course is a practical skills development course designed to develop the ability of students to effectively represent others in oral arguments. The class uses exercises from the American trial system as student practice. Students present Opening and Closing Statements; conduct Direct and Cross Examinations of witnesses. The final project in the class is the preparation and participation in a mock American jury trial in a civil or criminal case.

TEACHING TECHNIQUES: Socratic method, brain storm, small groups, cases, discussion.
Learning outcomes
Teaching method
Course content description
SUBJECTS:
Class 1: Introduction to Legal Advocacy and its importance.

In Class Exercise: Introductory Presentations
Homework: Introductory Speech

Class 2: Public Speaking Skills – Establishing a relationship with your audience.

Reading: Legal Advocacy Handbook – Oral Advocacy Skills and Establishing a Relationship with your Audience Sections
Homework: Introductory Speeches Continued

Class 3: Introduction to the Adversarial Process, Overview of An American Jury Trial.

Reading: Legal Advocacy Handbook – Adversarial System; Overview of an American Jury Trial Sections.
In Class Exercise: Adversarial vs. Inquisitorial Trial Systems

Class 4: Jury Selection in the American Trial System.

Reading: Article on the US Jury Trial
In Class Exercise: Jury Selection Fact Pattern

Class 5: Developing a Theory of the Case/Opening Statements

Reading: Legal Advocacy Handbook – Developing a Theory of the Case/Opening Statements Section.
In Class Exercise: Developing a Theory of the Case.
Homework: Opening Statements

Class 6: Direct Examination of a witness.

Reading: Legal Advocacy Handbook – Direct Examination of a Witness Section
In Class Exercise: Direct Examination Scenarios
Homework: Direct Examination

Class 7: Cross Examination of a witness.

Reading: Legal Advocacy Handbook – Cross Examination of a Witness Section
In Class Exercise: Cross Examination Scenarios
Homework: Cross Examination


Class 8: Use of Exhibits in the Courtroom.

Reading: Legal Advocacy Handbook – Using Exhibits Section
In Class Exercise: Use and Types of Exhibits
Homework: Direct Examination using Exhibits

Class 9: The Closing Argument

Reading: Legal Advocacy Handbook – Closing Arguments Section
In Class Exercise: Identifying Arguments
Homework: Closing Arguments

Class 10: Evidence and it’s admission at Trial.

Reading: Legal Advocacy Handbook - Simplified Rules of Evidence
In Class Exercise: Objections and Responses

Class 11: The form and function of the Trial; Professional Responsibility of the Trial Lawyer.

In Class Exercise: Lawyer’s Professional Responsibility Exercise

Class 12: Oral Advocacy toward the Court sitting without a Jury. Pre-Trial Arguments.

In Class Exercise: Arguments before the Court.

Class 13: Final Trials – Review of the Law and Facts in the individual cases.

Reading: Assigned Case Files

Class 14: Preparation for Final Trials

Final Exercise: Presentation of full Criminal or Civil US Jury Trial in Trial Teams. The class grade will depend on the final exercise, class attendance and participation.
Forms of assessment
Required reading list
MANDATORY READING:
Required reading list: Obligatory reading materials are distributed during the course of the class. Reading includes cases from the United States Supreme Court.
ADDITIONAL READING:
n/a
Field of study: Law
Course listing in the Schedule of Courses:
Year/semester:Year IV - Semester 7
Number of ECTS credits: 6
Form of assessment: Grade
Year/semester:Year V - Semester 9
Number of ECTS credits: 6
Form of assessment: Grade