TRIAL ADVOCACY LAW 6361 / SECTION SYLLABUS SPRING 2015 Judge Stephan P. Mickle

Similar documents
The Art of Advocacy: Trial Persuasion in a Polarized World

TRIAL PRACTICE No SPRING 2012

TRIAL PRACTICE No SPRING 2016

TRIAL ADVOCACY - FALL 2005

SYLLABUS CRIMINAL PROCEDURE - ADVERSARY SYSTEMS (LAW 6112) Spring Semester 2017 Professor Kenneth Nunn

Pretrial Litigation Guidelines Fall Wednesday Class 6-9 p.m. Rm TBA

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO

LAW 898A LSN CRIMINAL LITIGATION Spring 2010

STATE OF FLORIDA Ninth Judicial Circuit of Florida

RTV 3305 Investigative Reporting Fall 2013 Monday, (periods 7) 1:55pm-2:45 pm Wednesday (periods 8-9) 3:00 pm-4:55pm Weimer 3024 (M) and 2050 (W)

LEG 283T.01: Trial Preparation

CONTRACT LAW Part II * Spring 2018 Course Number Location: F. J. JACKSON Office Hours Course Books / Material Course Description Course Objectives

SYLLABUS CRIMINAL PROCEDURE - ADVERSARY SYSTEMS (LAW 6112) 3 credits Fall Semester 2017 Professor Kenneth Nunn

American National Government Spring 2008 PLS

GOVT GOVERNMENT OF THE UNITED STATES Course Syllabus

CPO 2001 Introduction to Comparative Politics (Honors)

TU TU

POLITICAL SCIENCE 1. Spring The Government of the United States. Syllabus. El Camino College. Section 2762: Wednesdays, 6:00pm 9:10pm

CIVIL PRETRIAL PRACTICE SPRING 2006 SYLLABUS

CPO 2001 Introduction to Comparative Politics

LAW 898A LSN CRIMINAL LITIGATION. Spring Professor Susan Leff 1

CIVIL CASE MANAGEMENT POLICIES AND PROCEDURES DEPARTMENT C-14 (As Posted on Court Website) Revised July 28, 2014

Greenwood-Leflore Public Library System. 405 West Washington Street Greenwood, MS Meeting Room Policy

CIRCUIT CIVIL DIVISION (08) DIVISION PROCEDURES (EFFECTIVE JUNE 1, 2017)

CIVIL PROCEDURE II SECTIONS 1, 3 and 4 Professor Swank Spring Semester 2012

Essentials of Demonstrative Evidence

POLITICAL SCIENCE 1. Summer Governments of the United States and California. Syllabus. El Camino College. Section 2680: MTWTH, 4:00 pm 6:10pm

Introduction to Comparative Politics

Health Legislation & Advocacy II LAW Syllabus

COURTROOM INFORMATION DEPARTMENT 93 P.I. HUB STANLEY MOSK COURTHOUSE 111 North Hill Street, Los Angeles, CA th Floor, Room 631

INTA 1200 FALL 2018 MWF 1:55-2:45 DM Smith 105. American Government

Administrative Law LAW Syllabus Spring Professor Jennifer L. Mascott

Honorable Judge Thomas Ramsberger 545 First Avenue North, Room 200 St. Petersburg, FL JURY TRIAL WEEKS * ALL ONE (1) WEEK DOCKETS *

CBA Municipal Court Pro Bono Panel Program Municipal Procedure Guide 1 February 2011

University of Houston Law Center PRE-TRIAL LITIGATION SYLLABUS. Spring 2015 Thursday 6:00-9:00 p.m. Room 111 TU2 Breakout Rooms TBA

Courtroom Guidelines, Procedures and Expectations for Civil Cases Assigned to Judge Robert E. Belanger HEARINGS

GOV 312P: Constitutional Principles: Core Texts Honors Unique #38750 MWF 2-3, MEZ 2.124

LITIGATION PRACTICE SYLLABUS SPRING SEMESTER, 2010

SANTA BARBARA COUNTY SUPERIOR COURT DEPARTMENT FIVE JUDGE COLLEEN K. STERNE. Departmental Requirements and Procedures

CIVIL PROCEDURE I WAGGONER FALL , Office 418 SYLLABUS OVERVIEW OF THE COURSE

CIVIL TRIAL LAW CERTIFICATION STANDING COMMITTEE POLICIES 100 ADMINISTRATION

CIVIL PROCEDURE PROFESSOR ANGA

JUDGE: Paul Maughan - Third District Court

Torts Office: Hazel Hall 307 Office Hours: Tuesday, 8:00 PM to. August 20 through November 27 Exam: Monday, Dec. 10 at 6:00 PM

ACADEMIC SENATE Executive Committee REFERRAL FORM

Judicial Assistant s > ALWAYS copy opposing counsel(s) on correspondence to the Court

LITIGATION PRACTICE SYLLABUS SPRING SEMESTER, 2009

Courtroom Guidelines, Procedures and Expectations for Civil Cases Assigned to Judge Elizabeth A. Metzger Courtroom B, Okeechobee County Courthouse

Fall 2014 TR 11:00-12:15 2TH 100. TR 8:30-9:30, 12:30-1:30 and by appnt. Ph

MAC 2311 CALCULUS 1 FALL SEMESTER 2015

FALL 2006 LARW CLASS & ASSIGNMENT SCHEDULE Section 160A.02 Hans Christian Linnartz and Melanie Dunshee Regular Classes: Room 4042 from 09:55 to 10:55

LAWRENCE COUNTY MUNICIPAL COURT LOCAL RULES RULE ONE

JUDGE GABRIELLE N. SANDERS Courtroom Guidelines, Procedures and Expectations For Osceola County Civil Division 60-G, Courtroom 4B

UCC1: New Course Transmittal Form

Syllabus Latino Workers in the U.S. Labor Studies and Employment Relations School of Management and Labor Relations, Rutgers University Spring 2018

Superior Court of California County of Orange County

Guidelines, Procedures and Expectations Orange County Circuit Civil Division 40 Judge Bob LeBlanc

Thursday, May 4, :00 AM AP Government Exam

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MORTGAGE FORECLOSURE / MECHANICS LIEN SECTION

Required Texts: American Government and Politics Today: Essentials Edition, 19th Edition

State of Florida Ninth Judicial Circuit of Florida

LLM Civil Procedure Angelos Law Room 403 Fall 2013

Civil Mental Health Proceedings: Understanding the Process

PRE-TRIAL PROCEDURES & PROTOCOL FOR JURY TRIALS & REFERRAL TO MEDIATION Revised March 2, 2018 (to correct web link only)

LET S GO TO THE VIDEOTAPE! Using Video Depositions at Trial By Andria Simone Kelly, Esq.

SPRING 2018 ASUNM PRESIDENTIAL / VICE-PRESIDENTIAL ELECTION

ORANGE COUNTY SUPERIOR COURT DEPARTMENT C 10 CIVIL LAW AND MOTION AND TRIAL PROCEDURES JUDGE LINDA S. MARKS

HONORABLE KEITH MEYER 315 COURT STREET, ROOM 468 CLEARWATER, FL Judicial Practice Preferences Circuit Civil

REMEDIES SYLLABUS FALL 2018

Superior Court of California County of Orange

Guidelines & Procedures Orange Civil- Division 33

Introduction to American Government Political Science 1105H Fall 2018 Class Time: T TH 11:00am 12:15pm Instructor: Jeffrey M.

Ho norable Victoria A. Valentine

OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS CEPL # INTRODUCTION TO THE LAW AND ETHICS

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF CONTRA COSTA DEPARTMENT 34 STANDING ORDER RE: ISSUE CONFERENCE

Courtroom Guidelines, Procedures and Expectations for Civil Cases Assigned to Judge Gary L. Sweet Courtroom B Okeechobee County Courthouse

SYLLABUS AMERICAN GOVERNMENT I [POSC 1113]

RODUCTION TO BROADCAST NEWS

Election Calendar

2014 CALENDAR OF EVENTS FOR CCAO

Greenwood-Leflore Public Library System. 405 West Washington Street Greenwood, MS Meeting Room Policy

OFFICE ADDRESSES AND LOCATIONS SERVICE OF DOCUMENTS

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - LAW DIVISION STANDING ORDER ASSIGNMENT ROOM - ROOM 2005 JUDGE JAMES P.

TAKING AND DEFENDING DEPOSITIONS

Alpena County. Version 1.0 JURY DUTY HANDBOOK

Honorable R. Stanton Wettick, Jr. COMPLEX CASES. See Local Rule 249(1).

PS 110 POLITICAL SCIENCE 110 SYLLABUS AMERICAN NATIONAL GOVERNMENT FALL SEMESTER 2008 (T, TH: 9:35 10:55am) GH 340 INSTRUCTOR: Dr. Cole D.

Case 1:13-cv JKB Document 180 Filed 06/02/17 Page 1 of 7

TORTS Course: LAW 509 (Sections 2 & 4) Spring Semester 2018

Professor Halva-Neubauer 111G Johns Hall

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT CHANCERY DIVISION CALENDAR 7 COURTROOM 2405 JUDGE DIANE J. LARSEN STANDING ORDER 2.

DEPARTMENT C9 PROCEDURES

BRADFORD COUNTY CELL PHONE AND ELECTRONIC DEVICE POLICY. AND NOW, April 18, 2017, the Court of Common Pleas of Bradford County has hereby

CIVIL AND FORECLOSURE POLICIES & PROCEDURES (Effective July 1, 2014)

POS3443: Political Parties and Campaigning Spring 2010 Monday, Wednesday, Friday: 2:30pm-3:20pm

Tuesday, Wednesday and Friday at 3:00 in Classroom B

PREPARATION OF A TRIAL STATEMENT

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT LAW DIVISION JUDGE RAYMOND W. MITCHELL STANDING ORDER.

HIGHLANDS COUNTY COURTHOUSE CIVIL DIVISION

PRACTICAL ADVICE ON TRIAL PROFESSIONALISM. By Judge John Erlick. The Courtroom Culture

Transcription:

TRIAL ADVOCACY LAW 6361 / SECTION 2132 SYLLABUS SPRING 2015 Judge Stephan P. Mickle Contact: c/o Linda Curry, lcurry@law.ufl.edu 273-0859 TEXTS: 1. Trial Techniques and Trials, Thomas A. Mauet (Aspen) 2. NITA Casefiles: (a) Potter v. Shrackle, (NITA Latest), Kenneth S. Broun and James H. Seckinger (b) State v. Diamond, (NITA Latest), James H. Seckinger The University of Florida Levin College of Law Legal Information Center has a number of DVDs relating to trial practice. We recommend that you use this library frequently. It has a collection of trial instruction DVDs from the National Institute of Trial Advocacy (NITA) and the American Bar Association. A recommended categorized listing is attached. CLASS TIMES: Monday and Thursday - 4:00 to 6:00 PM in Advocacy Center Room 209 ATTENDANCE IS MANDATORY IT IS THE RESPONSIBILITY OF STUDENTS TO KEEP MONDAYS AND THURSDAYS FROM 4:00PM TO 6:00PM AVAILABLE DURING THE SEMESTER TO ACCOMMODATE POTENTIAL RESCHEDULING OF CLASS TO AN OPEN DATE IN THE SYLLABUS All classes will meet in the Levin Advocacy Center Room 209 unless indicated otherwise on this Syllabus. Should any changes occur, they will be posted on TWEN and sent via TWEN email. All Trial Advocacy students should register on the TWEN site. Workshops are scheduled on the calendar. Courtroom attire for all workshops. ABSENCES: Excused absences: Documented illness, serious sickness in the family, death in the family. Unexcused absences: Ski trips, job interviews, trial competitions, weddings, vacations, etc. Note: If you must miss a class, please contact Linda Curry, Trial Skills Programs, Martin Levin Advocacy Center, Room 213, at 273-0859 or via email lcurry@law.ufl.edu before 12:00 PM on the scheduled class day. SPRING 2015 Page 1

CLASS SCHEDULE SPRING 2015 DATE Monday, January 5 Thursday, January 8 Monday, January 12 Thursday, January 15 Monday, January 19 Thursday, January 22 Monday, January 26 Thursday, January 29 CLASS Class roll finalized Course organization and assignments Lecture: The Trial Process Assignment: Study (not just read) Mauet, Chapters 1 and 2 Lecture and demonstration: Jury Selection Assignment: Study Mauet, Chapter 3 Guest Lecture on Jury Selection MARTIN LUTHER KING HOLIDAY Workshop #1: Jury Selection Assignment: Submit written questions for Jury Selection Group A: Be prepared to choose a jury for the defendant in the case of State v. Diamond and for the plaintiff in the case of Potter v. Shrackle. Be prepared to choose a jury for the state in the case of State v. Diamond and for the defendant in the case of Potter v. Shrackle Lecture and Demonstration: Opening Statements Assignment: Study Mauet, Chapter 4 Workshop #2: Opening Statements Assignment: Submit a written Opening Statement Group A: Be prepared to deliver the opening statement for the defendant in the case of State v. Diamond and for the plaintiff in the case of Potter v. Shrackle. Be prepared to deliver the opening statement for the state in the case of State v. Diamond and for the defendant in the case of Potter v. Shrackle. SPRING 2015 Page 2

Monday, February 2 Thursday, February 5 Lecture: Demonstration on Direct Examination of the Lay Witness Assignment: Study Mauet, Chapter 5; see also United States v. John Lawson under Course Materials TWEN Lecture and Mini Workshop: Demonstration on Direct Examination of the Lay Witness (continued) Group A: Be prepared to do the direct examination of Sgt. Emery Cook. Be prepared to do the direct examination of Mr. Lawson. United States v. Lawson. (TWEN) Thursday, February 12 Workshop #3: Direct Examination of the Lay Witness 1. Submit a written direct examination assignment 2. Be prepared to perform the following: Group A: 1. Perform the Direct Examination of Marilyn Kelly from the case of Potter v. Shrackle. 2. Oppose the Direct Examination of Estelle Mason from the case of State v. Diamond. 1. Perform the Direct Examination of Estelle Mason from the case of State v. Diamond. 2. Oppose the Direct Examination of Marilyn Kelly from the case of Potter v. Shrackle. Notes on 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. NO DEMONSTRATIVE AIDS are to be used during this initial direct examination Monday, February 16 Lecture: Demonstration and Mini Workshop Basic Cross Examination of the Lay Witness. See State v. Lawson (TWEN) 1. Study Mauet, Chapter 7 Group A: Be prepared to perform a cross examination of Sgt. Emery Cook. Be prepared to perform a cross examination of Mr. Lawson. SPRING 2015 Page 3

Thursday, February 19 Workshop #4: Cross Examination 1. Submit written cross examinations 2. Be prepared to perform the following: Group A: 3. Perform the Cross Examination of Estelle Mason from the case of State v. Diamond. 4. Oppose the Cross Examination of Marilyn Kelly from the case of Potter v. Shrackle. 3. Perform the Cross Examination of Marilyn Kelly from the case of Potter v, Shrackle. 4. Oppose the Cross Examination of Estelle Mason from the case of State v. Diamond. Notes on No demonstrative aids are to be used in the exercise this week. Monday, February 23 Thursday, February 26 Lecture and Demonstration: Evidence Study Mauet, Chapter 6 Guest Lecture: Evidence March 2-6 Thursday, March 12 SPRING BREAK Workshop #5: Introduction and Use of Real and Demonstrative Evidence 1. Review the case of State of Florida v. Frankie Tone 2. All students submit written preparation for introducing into evidence the following items: Consider the case against Frankie Tone at trial. Officer Gray is on the stand and you represent the State: Graffiti Photos Wal-Mart diagram Paint Cans Cell phone Records Consider the civil case of Ms. Rose Hughes at trial and you are representing the plaintiff, Ms. Hughes. Introduce the medical records (produced by custodian of the records from the hospital). Medical Records Rose Hughes (see TWEN as part of Tone case file) 3. All students should be prepared to introduce all items of evidence. SPRING 2015 Page 4

Monday, March 16 Thursday, March 19 Thursday, March 26 Lecture: Demonstration and Discussion The Expert Witness Assignment: Study Mauet, Chapter 8 Guest Lecture: Examining the Expert Witness Workshop #6: The Expert Witness 1. Submit written preparation for direct or cross examination 2. Be prepared to perform the following: Group A: Problem A Perform direct examination of Dr. Pierce in State v. Diamond. *Problem B Perform cross examination of Dr. Macdonald in State v. O Reilly. Problem A Perform cross examination of Dr. Pierce in State v. Diamond. *Problem B Perform direct examination of Dr. Macdonald in State v. O Reilly.. *Note: Problem B, State v. O Reilly, assigned for this workshop, is not in your textbook. Materials will be posted on TWEN by Linda Curry. Monday, March 30 Lecture and Demonstration: Closing Argument Assignment: Study Mauet, Chapter 9 Thursday, April 2 Workshop #7: Closing Argument 1. Submit written closing argument 2. Be prepared to deliver the closing argument (see below) Group A: Be prepared to deliver the closing argument for the defendant in the case of State v. Diamond and for the plaintiff in the case of Potter v. Shrackle. Be prepared to deliver the closing argument for the state in the case of State v. Diamond and for the defendant in the case of Potter v. Shrackle. Monday, April 6 Discussion: Professionalism The Lawyer as Liar Assignment: Read articles and prepare to discuss problems from the information posted by Linda Curry on TWEN. SPRING 2015 Page 5

TRIAL ADVOCACY Format for Workshop Preparation Assignments Your assignments should be typewritten with your name, date and workshop title located at the top. Include your fully-developed objectives and reasoning, as appropriate for the specific assignment. **Two copies required: Please submit one copy of your workshop assignment PRIOR to each workshop to my assistant, Linda Curry. She will log-in receipt of your papers. Your original will be useful to you as you prepare for the workshop. Format for Workshop Video Review You will review your workshop performance online after each workshop and complete the video review form (see p.7 in Syllabus). The Sakai course sites are live. To access them, simply login via the link below: https://elearning2.courses.ufl.edu/portal/login Courses will appear in the My Active Sites menu on the top right of the page. Students will be able to view the videos there. You will complete the video review form (see p. 7 of syllabus) and submit to Linda Curry. Review forms are due no later than the evening of the next workshop (but you may submit at any time prior). The review sheet for the final workshop (Closing Arguments) is due by Friday of the next week after the workshop. SPRING 2015 Page 6

TRIAL ADVOCACY VIDEO REVIEW FORM Name: Date of Performance: Date of Review: Workshop Title: VOICE: POSTURE: DEMEANOR: GESTURES: MOVEMENT: PACE: JURY'S FOCUS: USE OF NOTES: CLOTHING: COURTROOM ETIQUETTE: OVERALL IMPRESSION TO JURORS: SPRING 2015 Page 7

Library Listing of Tapes/DVDs on Reserve for Judge Mickle - Trial Advocacy (some may indicate Trial Practice) DIRECT AND CROSS EXAMINATION (NITA TAPES) *These are on 1 disc: 413-4 Direct Examination 413-5 Cross Examination DIRECT AND CROSS SERIES 438-2 Direct and Cross in a Criminal Case 438-3 Direct and Cross of a Party in a Civil Case 438-7 Direct and Cross of a Defendant in a Criminal Case 438-8 Comparative Cross Exam of a Witness, Criminal DIRECT AND CROSS EXAMINATION (non-nita TAPES) 613 Science of Cross Examination *These are on 1 disc: 636-1 A.B.A. The Art of Cross Examination Pt. 1 636-2 A.B.A. The Art of Cross Examination Pt. 2 EXPERT WITNESS (NITA TAPES) 435-9 Discovery of and About Expert Witnesses EXPERT WITNESS SERIES 436-3 Direct and Cross of an Expert Pathologist 436-4 Direct and Cross of a Medical Records Custodian 436-5 Direct and Cross of a Psychiatrist 436-6 Direct and Cross of an Expert Witness EVIDENCE (NITA TAPES) 413-3 Laying Foundations for Exhibits and Witnesses 413-8 Demonstrative Evidence *These are on 1 disc: 435-13 Developing and Using Tangible Evidence Pt. 1 435-14 Developing and Using Tangible Evidence Pt. 2 EVIDENCE (non-nita TAPES) 635 A.B.A. Basic concepts in Evidence: The Ten Commandments of Cross Examination EXHIBITS-SERIES 440-1 Liturgy of Foundation 440-3 Introduction and Use of Exhibits 440-4 Evidentiary Objections 440-5 Problem Witness Tactics EVIDENCE (non-nita TAPES) 391 Evidence Update: Faust Rossi 392 Experts: Law of Evidence: Edward Stein Pt. 1 393 Experts: Law of Evidence: Edward Stein Pt. 2 394 Demonstrative Evidence: Thomas Singer SPRING 2015 Page 8

JURY SELECTION (NITA TAPES) 413-1 Jury Selection 538-7 The Art of Advocacy: Persuading the jury in a criminal case JURY SELECTION (non-nita TAPES) 651 Tipping the Scales: Jury Research and Selection PICKING AND PERSUADING A JURY-SERIES *359-1 to 4 of Selecting a Jury on 1 disc 359-1 Selecting a Jury Pt. 1 359-2 Selecting a Jury Pt. 2 359-3 Selecting a Jury Pt. 3 359-4 Selecting a Jury Pt. 4 359-5 The Jurors Perspective 359-8 Persuading the Jury 387 Jury Selection: General and Specific 388 Jury Selection: Charles Becton 389 Jury Selection: Communicating Information 538-5 Selecting the Jury in a Criminal Case 541 The Jury Trial OPENING STATEMENTS Opening Statements: A Modern Approach-*This item is shelved by title in the library DVD collection NITA (Under Zedalis). 694-1to Jerry Spence in Trial: 694-7 How To Win In the Opening Statement *694-1, 2, 3 and 4 of Jerry Spence are all on separate discs. CLOSING ARGUMENTS (NITA TAPES) *These are on 1 disc: 413-9 Closing Statements Pt. 1 413-10 Closing Statements Pt. 2 CLOSING ARGUMENTS (non-nita TAPES) 396 Closing Arguments-Civil Case-Personal Injury 454-8 Making the Closing Argument 512-8 Closing Arguments SPRING 2015 Page 9