The course covers techniques used in interviewing a client as well as taking and defending at a deposition. Skills addressed in the interviewing segment include: preliminary problem identification, chronological overview, case analysis, and concluding the interview. Skills addressed in the deposition segment include: preparing the fact (lay) witness to testify, starting the deposition, gathering information (discovery), gaining admissions, handling documents, defending your witness, preparing and examining expert witnesses, dealing with obstreperous counsel and problem witnesses, and using depositions at trial. The course will be taught using a combination of simulation exercises ("learning by doing"), demonstrations, and lectures. The exercises will be conducted in a variety of formats: in pairs, in triads with the third student as a "peer observer," and in small groups with experienced lawyers (guest practitioners) as observers. This is a credit/no credit course.
Criminal Trial Practice (C. Argued*s, G. Cotsiril*s)
Criminal Trial Practice is designed for students who are interested in practicing criminal law, or simply learning how to properly examine witnesses and conduct a trial effectively. The evening classes will involve discussion and student exercises. Some of the areas covered will be initial stages of the criminal process, direct and cross examination, objections to evidence, pretrial motions, opening statements and final arguments. Near the end of the semester, each student will conduct a trial before a jury and judge.
Pretrial Criminal Litigation (B. Ste*n)
Creative preparation of criminal case for trial. Students learn to evaluate cases and file pretrial motions that will maximize the likelihood of fair disposition for defendant. Research and write pretrial motions and argue them before the class.
Civil Justice Workshop (S. B*ndy, E. Sw*ft)
This seminar will provide students with the opportunity to discuss advanced topics in the law of civil procedure, federal courts, complex civil litigation, and evidence. Each week, an invited scholar will present a published article or work in progress for analysis and discussion. In preparation for the class meeting with the invited speaker, there will be a one hour class session with the instructors focused on the same paper or article.
A list of the invited speakers will soon be posted on a class website. The speakers will be among the most stimulating and innovative civil litigation scholars from law schools throughout the U.S. Their papers and articles will cover a wide range of challenging and timely issues in the administration of civil justice.
Civil Trial Practice (V. Abasc*l, J. Wh*te)
This is a basic but very intensive course in trial practice. It will focus on trial advocacy skills, including factual and legal preparation for trial, trial objections, introduction of demonstrative and real evidence, direct examination, cross examination, examination of expert witnesses, opening statements, closing arguments, jury selection, and courtroom communication skills. The heart of this course is student performance of trial problems, which are videotaped and candidly critiqued. Each student will review his/her videotape and work on their individual communication style with a communications expert outside regular class time. Class sessions will also include brief lectures and faculty demonstrations. There will be assigned reading and viewing of demonstration videotapes outside of class. Grading for the course will be based on weekly clinical performances and on one full evening mock jury trial.
The course will be limited to sixteen persons. If a full course is enrolled, some classes may be held in San Francisco at the federal courthouse and taught by the Honorable Jeffrey White.
Third-year students who have completed an evidence course and who have served in this course as a juror, bailiff, or witness will be given first priority for enrollment. If space permits, those taking an evidence course concurrently may enroll.
Pre-Trial Civil Litigation (R. Bort*n)
This course is designed to acquaint students with pre-trial litigation practice in typical civil commercial cases. We will cover pleadings; written discovery (including interrogatories, document requests, and requests for admissions); preparing for, taking, and defending depositions; making and opposing motions (including preliminary injunctions, demurrers, compelling discovery, and summary judgment); and oral argument of motions. We will also discuss strategies, settlement considerations, client relations, and other topics arising in typical litigation practice. There will be substantial written work involving the drafting of motions, and also including some drafting of pleadings and discovery. Materials for a hypothetical lawsuit will be distributed, and students will play the roles of attorneys representing the parties, and will carry out pre-trial preparation of the case. Instructors are experienced litigation attorneys who will emphasize in-class practice based on serious out-of-class preparation.
Remedies (R. Infel*se)
Remedies is a practice-oriented exploration of the substantive and strategic issues associated with the remedies available to litigants in the context of constitutional, contract and tort litigation. The class will explore the complexities lurking the various measures of damages, the special roles played by restitution and unjust enrichment, provisional and permanent injunctive relief, specific performance and associated procedural issues and defenses. Along with learning the law, students will be exposed to the powerful role played by the judiciary and juries in determining remedies.
The overriding objective of the class is to prepare the students for the practice of law. An understanding of the litigation process is an essential step in becoming a competent and successful lawyer. Understanding remedies is a part of that. Thus, the class is recommended for all law students, regardless of their anticipated area of specialization.
In response to student feedback, the course will require less reading than in the past.
Complex Civil Litigation (S. B*ndy)
This course studies in depth several selected issues arising in complex litigation, including (a) special problems of pleading and discovery; (b) use of scientific and expert evidence; (c) trial, including the right to jury trial; (d) joinder and class actions: (e) multi district litigation; (e) multi party settlements.
Appellate Advocacy (W. Fernh*lz)
Appellate Advocacy is designed to further develop the skills learned in Written and Oral Advocacy – writing and presenting oral argument. Lectures and readings will focus on (1) legal analysis and reasoning, (2) the appellate doctrines that often determine the outcome of appeals, and (3) the institutional policies and procedures of appellate courts.
The aim of Appellate Advocacy is to provide students an experience closely comparable to actual appellate practice. Students will write a full brief from a shortened record of a real appellate case. Students will also prepare, practice and deliver a full oral argument. Students will receive advice and guidance from Practitioner-Advisors and Student-Advisors. Practitioner-Advisors are among the best appellate practitioners in the Bay Area.
Evidence Advocacy (C. Dent*n)
This course focuses upon the courtroom application of evidentiary rules and principles. Students will prepare and present opening statements, direct and cross examination, documentary and demonstrative evidence, and closing arguments. The format will be hands-on and participatory, and the emphasis will be on learning practical techniques for shaping the evidence, using the law, and exploiting the courtroom to create a coherent and convincing case theory. All performances will be videotaped and the course will culminate in a half-day jury trial.
Evidence Advocacy (R. Curt*s)
This course clarifies complex evidentiary doctrines by demonstrating how to use the rules of evidence in trial, discovery, and motions. The course culminates in a realistic half-day trial. Students will study the art of crafting a rhetorically persuasive case theory and portraying evidence to support that theory in the tradition of preeminent trial attorneys past and present. Each week, students will be videotaped conducting individual exercises constituting the "building blocks" of a trial: voir dire, opening and closing statements, direct and cross examinations, laying foundations, impeachment, rehabilitation, etc. In addition, through readings, discussions, and brief guest lectures, students will gain an understanding of the history, purpose, and mechanics of introducing percipient testimony, expert opinion, objects, writings, and demonstrative material into evidence. Because of similarity in material, students may not receive credit for both Evidence Advocacy and Civil Trial Practice.
Evidence (D. Petr*ne)
This course covers the following topics, as addressed in the Federal Rules of Evidence:
relevance, the trial process (including the respective roles of the judge/jury/parties/appellate court), the use of character evidence, competency and examination of witnesses, hearsay, and foundational issues for documentary evidence. Time permitting, we will cover lay and expert opinions and privileges.
Class discussion will focus on case law. I will distribute problem sets after each major section of the course. The problem sets will not be collected, but we will go over them in class. Class participation is required.
Evidence, Spring 2008 (E. Sw*ft)
This course covers the basic topics in evidence law through analysis of the Federal Rules of Evidence. In class, we focus on “problems” as well as case law. Topics to be covered include relevance, the trial process, laying the foundation for real evidence, competency and examinations of witnesses, hearsay and other rules of exclusions, and lay and expert opinions. Discussion of allocating decision-making authority among judge, jury, and adversaries, and between trial and appellate courts, will occur throughout. Class participation is required.
Civil Procedure II, (D. Am*nn)
This three-unit version of Civil Procedure II will focus primarily on two subjects, choice of forum and choice of law.; time permitting, it also will touch on how these subjects relate to complex litigation. “Choice of forum” concerns which tribunals have power to adjudicate a dispute and how parties choose among available tribunals. Topics to be covered include personal and subject-matter jurisdiction, venue and change of venue, and forum non conveniens. “Choice of law” concerns the law that a particular tribunal will apply in order to adjudicate a dispute. Within this subject, the course will concentrate on selecting between state law and federal law in federal courts, the issue in the Supreme Court’s 1938 decision in Erie R.R. v. Tompkins.
