Legal advocacy (wykład) - 2018/2019
dr Delaine Swenson prof. KUL
Faculty of Law, Canon Law and Administration - Instytut Prawa
Number of hours (week/semester):
Language of instruction:
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.
COURSE TYPE AND PREREQUISITES: elective course for III, IV, V year students of law, administration, European studies, intermediate level of English.
K_W05 Knows and understands the principles of the interpretation of law
K_W06 Knows the basic features and functions of the basic areas of law and understands the principles of their functioning. He has knowledge about entities involved in legal relations specific to particular fields
K_W10 Knows methods and tools including data acquisition techniques appropriate for particular areas of law that allow describing legal structures and institutions as well as identify rules that govern them
K_W11 Has knowledge about legal norms that organize legal structures and institutions and the rules that govern them. In this area, he identifies the development directions of specific areas of law
K_U06 Is able to properly analyze the causes and course of selected social, economic and political processes and phenomena, and forecast their legal consequences
K_U07 Can accurately and consistently speak in speech and in writing on topics related to selected issues in the field of legal sciences, using different theoretical approaches, using both the achievements of legal sciences and other disciplines
K_U08 Is able to use a specialized legal language and communicate in a precise and consistent manner using various communication techniques with specialists in the field of law as well as recipients from outside the group of specialists
K_U09 Has the ability of independent substantive argumentation using the views of other authors, including thesis, aptly draw conclusions and create synthetic summaries and assessments of selected problems
K_U10 Has the ability to use the acquired knowledge in various fields and forms to solve dilemmas appearing in professional work, in particular critical analysis of the effectiveness and usefulness of the applied knowledge
K-K02 Is able to work in a team performing different roles (speaker, debater, adviser, critical analyst, effects commentator), knows how to accept and assign tasks, has elementary organizational skills allowing to achieve the assumed goals. He takes responsibility for the tasks entrusted to him
K_K03 Is able to properly assess the priorities for the implementation of a specific or imposed task, takes care of the timely and effective implementation of tasks
K_K04 Has a conviction about the importance of behaving in a professional manner, reflection on ethical issues and adherence to the principles of professional ethics
This course is taught using a number of interactive teaching methods including socratic dialogue, demonstration, case studies, courtroom simulations and group exercises.
Course content description
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
The grade for this course is based on classroom attendance and participation and a final mock American Jury Trial. Class attendance will be 20% of the grade, 40% will be in class exercises and 40% on the final mock American Jury Trial. Exercises and the Trial will be graded on: through preparation and effective presentation of arguments, and use of questions equals a 5, good preparation and good presentation of arguments and questions equals a 4, adequate preparation and use of arguments/questions equals a 3.
Required reading list
Required reading list: Obligatory reading materials are distributed during the course of the class.
Trial Techniques, Fifth Edition, Mauet, Aspen Law and Business Publishers, 2000
Field of study: Law
Course listing in the Schedule of Courses:
Year IV - Semester 7
Number of ECTS credits: 6
Form of assessment: Grade
Year V - Semester 9
Number of ECTS credits: 6
Form of assessment: Grade