Trial Advocacy Syllabus, Judge Ann L. Alton, Adjunct ... · Michael Sonsteng, Integreon Managed Solutions (C) 651-208-3752; (Fax) 612-548-3441 ... attorney with years of trial experience,

Trial Advocacy Syllabus, Judge Ann L. Alton, Adjunct Professor

University of St. Thomas Law School, [email protected]

Spring Semester, 2010 Work (612) 348-8105; Fax (612-348-5215)

Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

1

Trial Advocacy Schedule

Tuesdays, 6:00 PM – 9:00 PM

Lecture Student Performance

Week Date Topic __Lecturer _________ Exercise______ _

1 1/12 Demystifying the Courtroom Judge Ann Alton/ Direct and Cross Examination

Where do I sit? When do I (Ungraded)

Stand? What do I say? Direct/

Cross Exam ___________________

2 1/19 Case Theory and Exhibits Judge Ann Alton Direct and Cross Examination

__________________________________________________________________(Graded #1)_________

3 1/26 Opening Statements Bryan Leary/David Taylor Exhibits

Cross Examination ______________ (Ungraded)___________

4 2/2 Verbal Communication Professor Craig Fields Opening Statements

Skills MacPhail Center (Graded #2 /Ungraded)

for Music Performance and Voice Critique

____________with Fields (Ungraded)______

5 2/9 Impeachment and Laura Hage/ Opening Statements

Rehabilitation Michael Sonsteng (Graded #2/Ungraded)

Performance and Voice Critique

*Trial Partner Forms turned in tonight with Fields (Ungraded)_____

6 2/16 Brainstorming for Jury Judge Ann Alton / Impeachment and

Trial; Theory of the Case; Judge Kathleen Gearin Rehabilitation (Graded #3)

Case Organization and David Camarotto

Preparation

* Trial Partners, Judges and Schedule determined tonight________________________________

7 2/23 Closing Arguments Paul Edlund Direct and Cross Examination of

___Final Trial Witnesses (Ungraded)

8 3/2 Laying Foundation - for Andrew Small Closing Arguments

witness, topic, experts; Making (Graded #4)

and Meeting Objections __________________________

9 3/9 Expert Witnesses and Use of Robert Mahoney Advanced Direct and Cross

Exhibits in Depositions Examination of Final Trial

__________________and Trial_____________________________________Witnesses (Graded)_______

10 3/16 Voir Dire Judge Kathleen Gearin Exhibits (Graded #6)_________

11 3/23 Pretrials - Preparing Judge Kathleen Gearin/ Voir Dire

Jury Instructions and Judge Ann Alton/ (Ungraded)

Verdict Forms - Learning Judge William Leary/

_____________ the Rules of Court ____ Judge Daniel Moreno____________________________

NOTE: Tuesday, March 30, 2010 – SPRING BREAK _ NO CLASS__________________

12 4/6 Pretrials Judge Ann Alton/ Pretrials (Graded)

Judge Kathleen Gearin/

Judge William Leary/

______________________________________Judge Daniel Moreno_____________________________

13 4/13, 4/14 No Lecture Judge Ann Alton/ Trials (Graded)

Judge Kathleen Gearin/ 4:30 – 10:30 PM

Judge William Leary/

Judge Daniel Moreno




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

2

UNIVERSITY OF ST. THOMAS SCHOOL OF LAW

TRIAL ADVOCACY – SPRING, 2010

December 30, 2010

Adjunct Professor: The Honorable Ann L. Alton,

Judge of District Court, 4th

Judicial District.

Assisting Adjunct Professors:

David Camarotto, Bassford Remele, P.A. – Civil Practice;

Paul Edlund, Criminal Defense Private Practice;

Hon. Kathleen Gearin, Judge of District Court, 2nd

Judicial District;

Laura Hage, General Practice;

Bryan Leary, Assistant Public Defender, 10th

Judicial District; Anoka County

Hon. William Leary, Judge of District Court, 2nd

Judicial District;

Robert Mahoney, Medical Malpractice Defense;

Hon. Daniel Moreno, Judge of District Court, 4th

Judicial District;

Andrew Small, Colich Law Office;

Michael Sonsteng, Integreon Managed Solutions; and

Professor Craig Fields, Professor from MacPhail Center for Music, Mpls.

David Taylor, Yost & Baill

Administrative Asssistant:

Michael Klosowsky, 2nd

Year Law Student, University of St. Thomas

Technology Assistant:

Martin Kasozi, Undergraduate, University of St. Thomas




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

3

TRIAL ADVOCACY

University of St. Thomas

School of Law

SYLLABUS

Spring Semester, 2010

Adjunct Professor: Hon. Ann L. Alton,

Judge of District Court,

4th Judicial District, (Hennepin County),

State of Minnesota

[email protected]

[email protected]

1. Chambers: (612) 348-8105,

or clerk (Carolanne) (612) 348-8083

Work Fax: 612-348-5215

2. Cell (BEST if no answer in chambers):

(612) 237-4797

3. Home (7 am – 10 pm only)

(763) 473-1544

Home Fax: 763-432-2562

Administrative Assistant – Michael Klosowsky

Klosowsky, Michael P. [[email protected]]

[email protected]

(Cell) 713-906-7726

Technology Assistant – Martin Kasozi

[email protected]

(Cell) 651-231-8881

Classes: Tuesdays

Lectures – 6:00 PM – Room 458

Small Group 7:00 – 9:00 PM (Various rooms)

mailto:[email protected]







Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

4

Adjunct Professors Assisting:

David Camarotto, Bassford Remele, P.A..

(W) 612-376-1618; (C) 612-760-1685; (Fax) 612-746-1218

[email protected]

Paul Edlund, Criminal Defense Private Practice

(W) 612-338-2829; (C) 612-834-8989; (Fax) 612-746-4278

[email protected]

Hon. Kathleen Gearin, Judge of District Court, 2nd

Judicial District, Ramsey County.

(W) 651-266-9177; Clerk- 651-266-9178; (C) 651-343-2023

[email protected]

Laura Hage, General Practice

(W) 651-690-1584; (C) 651-983-9852; (Fax) 612-690-1599

[email protected]

Bryan Leary, Assistant Public Defender, 10th

Judicial District, Anoka County

(W)763-422-3528; (C) 612-719-5267; (Fax) 763-422-3592

[email protected]

Hon. William Leary, Judge of District Court, 2nd

Judicial District

(W) 651-266-9261; (C) 651-492-1458

[email protected]

Robert Mahoney, Medical Malpractice defense

(W) 651-291-1177; Direct-651-291-6435; (Fax) 651-291-9477

[email protected]

Hon. Daniel Moreno, Judge of District Court, 4th

Judicial District, Hennepin County,

(W) 612-348-2362; (C) 612-695-2624; (Fax) 612-348-2131

[email protected]

Andrew Small, Colich Law Office

(C) 612-8759919; (W) 612-333-7007

[email protected]

Michael Sonsteng, Integreon Managed Solutions

(C) 651-208-3752; (Fax) 612-548-3441

[email protected]














Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

5

David J. Taylor, Yost & Baill, LLP

(C) 612-310-4540; (W) 612-338-6000; (Fax) 612-344-1689

[email protected]

Professor Craig Fields, Professor from MacPhail Center for Music, Mpls.

(C) 763-229-5426; (W) 612-321-0100, ext. 441; (H) 763-315-4949

[email protected]

Michael Klosowsky, Administrative Assistant, St. Thomas 2nd year law student

(C) 713-906-7726

[email protected]

Martin Kasozi, Trial Advocacy Technology Assistant, St. Thomas undergraduate

(C) 651-231-8881

[email protected]








Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

6

Trial Advocacy, LAWS 906

COURSE OVERVIEW AND OBJECTIVES:

1) You will learn to perform the specific skills necessary for a litigation practice, both with and without a

jury.

2) You will develop self-confidence in your ability to perform as an advocate in any setting. You will

learn how to limit your use of notes and to stand whenever possible for every oral presentation.

3) You should learn how to use deeper levels of analysis to prepare and present your positions,

developing strategies to emphasize the strengths of your case and minimize its weaknesses.

4) You should increase both your verbal and non-verbal communication skills.

5) You should learn how to be an ethical, yet zealous, advocate and learn how to successfully work in a

team for your final jury trial.

GOAL:

When you finish this course, you should have the knowledge, skills and self-confidence to enable you to

enter any courtroom in the United States, federal or state, learn the rules of that particular courtroom and

perform.

HOW YOU WILL LEARN:

You will perform exercises doing opening statements, direct and cross examination, introducing and using

exhibits to prove your case, impeachment and rehabilitation, closing arguments, trial preparation and

organization, and jury selection. You will try a mock jury trial at the end of the course in lieu of a final

exam.

Ignore any typos in the syllabus, please.

The course is taught in the NITA method developed by the National Institute for Trial Advocacy (NITA).

For 35 years, this has proved to be the most effective manner of teaching trial practice in a short time both

to law students and practicing lawyers.

1) Each of you will perform some aspect of trial practice on videotape each week in a small group of

eight or fewer students with two adjunct professors.

2) You will be critiqued by the adjunct professor playing “judge” in your courtroom/classroom and your

peers.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

7

3) You will usually take your videotape to another room where a second adjunct professor will privately

view your tape with you and critique your performance a second time. You will view your tape alone and

write a self-evaluation to turn in before the next class if you have only one adjunct professor.

4) You will then return to your courtroom to play opposing counsel and witness roles for your other small

group members.

5) Finally, you will repeat a 1 or 2 minute segment of your performance so you can try new ideas or

simply practice that night’s skill again. Your second performance will be videotaped for you to review

but it will not be critiqued.

Do not rewind your videotape at the end of each class. You will then have a complete record of

your personal development at the end of the course.

ANGST, ANGER and DEPRESSION

The NITA style of teaching was initially developed for Continuing Legal Education programs for

practicing attorneys to improve their trial skills. It was quickly adapted for use with law students. It

works. The NITA method enables practitioners at any level of expertise to enhance their skills. The

benefits of preparation, practice, performance and critique are astonishing.

It is ORDINARY for a person taking a NITA course, whether that person is a law student or a practicing

attorney with years of trial experience, to experience ANGST, ANGER, FRUSTRATION, a SENSE of

ABJECT FAILURE and DEPRESSION about one-third of the way through the program. THIS IS

NORMAL. From that nadir, you will begin to understand that lawyers and judges each do things

differently from one another and that there are many “right” ways to do anything at all in the courtroom.

By the middle of the course you should start to understand that you can pick and choose the style and

techniques that best suit you. We are all mimics. You will learn from your fellow students and from your

faculty. By the end of the course as you prepare for your final trial, you should have the self-confidence

to know that you can try the case in your own style, using your own techniques.

You are not likely to bond with any of your adjunct professors in this course unless you make an effort

because you will be working with any particular adjunct only a few times. Feel free to seek out any of us

for mentorship, coffee or a beer. Please talk to us, especially me, about your thoughts and concerns at any

time. You can set up extra practice time with me. All of the judges welcome you to observe their

courtrooms in action. If nothing is happening in our courtrooms, we will be glad to direct you to another

courtroom any time you are available. You may telephone our chambers to schedule time with a judge or

just show up in court. Our courtrooms are public. You may shadow any adjunct. Please arrange that

directly with the adjunct.

You will bond with the other members of your small groups. You will find that you encourage one

another to achieve new heights of performance each week.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

8

TEXTS:

Required texts and Materials:

1) Trial Advocacy before Judges, Jurors and Arbitrators, Third Edition, by Roger Haydock and John

Sonsteng, 2004, published by West, a Thomson business, OR

Trial Techniques, 7th

Edition, 2007 by Thomas A. Mauet, published by Aspen.

Choose the one you like best.

2) NITA (The National institute for Trial Advocacy) Special Printing of Problems and Case File.

Prepared Exclusively for St. Thomas University School of Law.

Containing excerpts from:

Problems in Trial Advocacy by Anthony J. Bocchino and Donald Beskind;

The first six weeks of small group class assignments will come from the Special Printing. It contains 2

short case files – one criminal and one civil.

3) BMI v. Minicom, Inc., case file, Seventh Edition (2002) by Anthony J. Bocchino and Donald H.

Beskind.

This is your jury trial case file and we will deal exclusively with this case file beginning with the lecture

for Week Six and small groups on Week Seven. BMI is a civil contract action.

4) Minnesota Rules of Court, 2010, West Group, A Thomson Company. (There is a new edition every

year. This book contains all of the rules for the Minnesota courts – Civil Procedure, Criminal Procedure,

Rules of Evidence, Rules of Practice for the District Courts, Rules of Professional Conduct, etc. All of

the Rules are promulgated by the Minnesota Supreme Court. Rule changes are generally effective on

January 1st or July 1

st of a given year.

NOTE: You need to learn your way around the Minnesota Rules of Court and we can help you do

so. It is the bible for every Minnesota attorney. You do NOT need a current edition. If you can get a

used book from an attorney, do so. Even the editions several years old are not too far out of date. The

Minnesota Rules of Evidence are essentially the same as the Federal Rules of Evidence.

The Minnesota Rules of Evidence, Civil and Criminal Procedure, the Rules of Practice for the

District Courts, the Rules of Professional Responsibility, and many more sets of rules, are collected in this

book.

Once you are in practice, this is a book that you MUST buy EVERY year because you will be

held to the specific terms of each set of Rules in all Minnesota Courts.

5) One 4-hour blank VHS tape to record all of your small group performances. Write your name on the

tape and the jacket. You MUST BRING this tape to EVERY class. DO NOT REWIND whenever you

finish reviewing your tape. This will enable you to store all of your small group performances




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

9

consecutively on a single VHS tape. The pre-trials will not be videotaped. We will try to videotape your

final jury trials and we will definitely videotape the jury deliberations for each trial.

6) One 2-inch 3-ring binder with tabbed inserts (at least 20) to keep your course materials in order,

including the Syllabus, schedule, student and faculty photo rosters, and weekly handouts.

7) Optional Texts and References:

a) Modern Trial Advocacy, Law School Edition by Steven Lubet, Published by NITA, 2004.

b) Your copy of the Federal Rules of Evidence from Evidence class and/or a Nutshell version.

8) Library Reserve

I will place at least one copy of the Special Printing and the BMI v. Minicom case file from NITA,

an outdated volume of the Minnesota Rules of Court, a copy of the Haydock/Sonsteng Trial Advocacy

book, a copy of Lubet’s Modern Trial Advocacy and a copy of an earlier edition of the Mauet Trial

Techniques book on Reserve in the library for your use. Check with the librarian. You may also borrow

books from my office, either from me or from my Administrative Assistant.

WE WILL MEET ONCE A WEEK, on Tuesday, from 6:00 PM – 9:00 PM, as follows:

6:00 – 6:50 pm – Lecture on the topic(s) for the following week’s small group exercises, including

discussion of ethics, philosophy, and ancillary topics and concerns.

6:50 – 7:00 pm – Break.

7:00 – 9:00pm – Small group exercises. (5 minute performance): Each of you will perform an aspect

of trial practice, such as direct examination. You will also perform as both a witness and opposing

counsel in the same session. You will have an opportunity to perform a brief segment of the exercise a

second time at the end of class. You will remain in the same small group for the first six weeks of the

course. You will be in a different small group with your trial partner for the remainder of the course

beginning with Week Seven.

Every performance will be videotaped on your own personal VHS tape. You must bring your videotape

to each small group session. Students will be responsible for running the video equipment and taping

each performance. You will be expected to review your own performances. If an adjunct is not available

to critique your videotape, you may be asked to complete a short, written self-evaluation to hand in at or

before the next lecture.

DO NOT REWIND AT THE END OF CLASS. Start each week’s recording after the last recorded

material so that, at the end of the course, you will have a clear record of your own progress.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

10

FINAL EXAM (MOCK JURY TRIAL)

The final exam will be a mock jury trial at the Hennepin County Government Center. The trial may or

may not be videotaped but your jury’s deliberations will be videotaped. You will be able to monitor the

jury’s deliberations live and speak to the jurors after their verdict is returned.

Pretrials will be held on Tuesday, April 6, 2010 with your trial judge, either from 6:00 PM - 7:30 PM or

from 7:30 PM – 9:00 PM at the Law School. You will spend the other half of the class period completing

faculty evaluations for each adjunct professor teaching the course.

Final jury trials will occur on Tuesday and Wednesday nights, April 13 and 14, 2010. You must be

present from 4:30 PM – 10:30 PM. The actual trials will begin at 5:00 PM and end at 10:00 PM. The

first and last half-hours are for last minute pre-trial matters and the judge’s critique of your performances,

respectively. The trials will be held at the Hennepin County Government Center, 300 South 6th

Street, in

downtown Minneapolis.

You will try the case in teams of two. Four students will participate in each trial, two on each side. You

must choose a partner by Tuesday, February 9, 2010 (Week 5) or I will choose one for you. We will have

8 final jury trials. There will be four simultaneous jury trials on each of the two nights. YOU MUST BE

PRESENT BOTH NIGHTS. You will be expected to watch another trial on the night you do not

perform and to stay until the verdict is delivered and the jury has been debriefed. You do not have to

remain for the judge’s critique on the night you are observing.

One partner from each team will give the opening statement and the other partner will give the closing

argument. Each member of a team must perform both a direct and a cross examination. Only the partner

who is examining the witness may object to your opponent’s questions.

You must find and prepare your own witnesses. You may use anyone, including law students and

attorneys. Each team is responsible for bringing four - six people to serve as jurors in one of the other

trials. You are encouraged to bring family and friends to watch your trial but the people you bring to

serve as jurors will sit on a different trial than yours to preserve neutrality.

Disability Accommodations

Classroom accommodations will be provided for qualified students with documented disabilities. Please

speak to me directly about your needs within the first week of the term. You are invited to register with

the Enhancement Program – Disability Services officer by telephoning 651-962-6315 or 800-328-6819,

ext.6315, for an appointment or by making an appointment in person in O’Shaughnessy Educational

Center, Room 119 For further information, go to http://www.stthomas.edu/enhancementprog/

http://www.stthomas.edu/enhancementprog/




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

11

Ethics

We will discuss ethical issues that frequently arise in the context of trial practice, both civil and criminal.

You will learn practical dos and don’ts to help you avoid common mistakes in the courtroom, some of

which can have a major negative impact on your client’s cause, and all of which are embarrassing.

You will work with one criminal case and two civil cases. This way, you can learn the rules of ethics,

evidence and procedure that are unique to either civil or criminal practice.

Honor Code

In this class you may mimic and borrow style and techniques from one another or from any of your

faculty. That is how you will learn and ultimately develop your own personal, unique style. You may

collaborate on anything, except your pretrial documents. You and your partner must write those

yourselves..

Philosophy

We will talk about the importance of the Rule of Law which forms the framework for the government of

the United States and most developed countries world-wide. We will consider what it means to be an

Officer of the Court in terms of your duties to the court, your client, your opponent, your colleagues, the

legal profession, and our society. We will talk about the unique privileges granted to and responsibilities

placed upon every attorney in this country. We will contemplate the critical role an independent judiciary

plays in our society under the tripartite system of government established by the United States

Constitution, and your role in preserving it.

Dress

Trial clothing must be worn for all classes. For men, this means a coat and tie. For women, a skirt, dress

or dress pants, perhaps with a jacket. Think about your hairstyle and facial hair. Facial expressions

matter. Humans are more willing to trust a person if the person’s face is fully visible. You are

representing a (mock) client. You do not want a single juror or judge to disapprove of your clothing, hair

or demeanor because that could reflect on your client. Dress accordingly. Court is formal.

Practice Norms and Personal Style

You will be learning what performance techniques do or do not work for you. You will start developing

your own personal style during this course. You will learn where to sit, when to stand, and how to speak

in the courtroom.

HAVE FUN! This course gives you the chance to learn new skills and to try out your ideas without any

impact on a real client. You should begin to see the law as a whole fabric woven from interrelated

concepts and topics. You will deal with civil procedure, criminal procedure, constitutional law, evidence,

and substantive areas such as contracts and torts and criminal law in a single exercise. Before long, you

will be a licensed attorney handling a real client’s problems and you will have to consider that in every

courtroom presentation. Here, however, you can be adventurous and try your wings, knowing you have a

safety net.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

12

CAVEAT: THERE IS NO SUCH THING AS A DUMB QUESTION IF YOU DO NOT KNOW

AND UNDERSTAND THE ANSWER. SO – ASK IT.

GRADING (Roughly) – I reserve the right to change each percentage by 5%:

40 % - Small group performance, written preparation, and class participation;

- Your performance will be graded six times during the semester.

- Your lowest two grades will be disregarded.

10% - Pretrial preparation and performance; written Motions in Limine, Oral Arguments on

those motions; preparation of trial documents.

50% - Final trial preparation, performance (the verdict is immaterial).

Large Group (Lecture): You are expected to be prepared, be present and be involved. Failure to do so

could have a negative effect on your grade. Attendance will be taken weekly in the large group as well as

in the small groups.

The following factors may also affect your grade:

Absence: Attendance is mandatory. ONE absence is allowed by right. Attendance will always be taken.

If an unforeseen emergency arises, you MUST try to contact me. If you cannot reach me, leave a message

on my cell phone: (612) 237-4797. Two or more additional absences may result in dismissal from the

course. Please also contact my Administrative Assistant.

Makeups: If you miss a graded exercise for a good reason (e.g. job interview, out of

town or illness), you may make an appointment with me to perform the exercise at 5:15

PM the following class night. I will videotape, critique and grade your performance.

You will watch your video tape on your own and complete a video self-evaluation form

to turn in to me by 4:30 PM the following class day.

Tardiness: Not allowed. Tardiness or early departure will be noted by the instructor in each class and

the time of arrival or early departure noted. If an unforeseen emergency arises, you MUST try to contact

me. If you cannot reach me, leave a message on my cell phone. Similarly, you MUST have my

permission to depart early. If I am not present, you MUST explain your tardiness or explain an early

departure to the lecturer or adjunct professor in your PERFORMANCE room that night.

Cellphones & Pagers: TURN THEM OFF DURING CLASS. Emergency? Explain to your adjunct

professor before class.

Student conferences/ special meetings/ extra help: During the semester I may set extra conferences

with one, several or all students, at either your request or my request. Do not hesitate to request extra

time to practice some skill. I will find a way to accommodate you.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

13

Computer/high tech demonstration: You are encouraged to incorporate some electronic component

into your final trial and you must use one or more computer-generated demonstrative aids during at least

one performance exercise. For example, you may use any of the documents from your BMI case file that

are on your CD. As a practical matter, the Hennepin County courtrooms are no-tech. We will teach you

how to communicate with little or no technology. We want you to become comfortable working with

documents in court.

Come to Court: You are welcome to come to court with me and the other judges. The other adjuncts

welcome your presence in their offices or in court as well. Please telephone in advance so we know to

expect you and can plan a little time to talk about your observations. Ask the attorney adjuncts if they

have a court appearance, deposition or trial scheduled that you can observe.

OFFICE HOURS:

I plan to be available in my office (Room 465) or in the Frey Moot Court Room at or about 5:15 pm on

class days unless you know I will be absent. I will try to be in our lecture room by 5:50 PM. My court

responsibilities can interfere on any given day but I will always be there before 6:00 PM. You may

telephone anytime between 7 AM and 10 PM to ask a question or make an appointment with me. I am

NOT a good email reader. If you send an unsolicited email or fax, please telephone to alert me to read it.

PLEASE USE MY COURT EMAIL ADDRESS INSTEAD OF ST. THOMAS’ EMAIL ADDRESS.

THE SAME IS TRUE FOR THE OTHER ADJUNCTS. WE ARE ACCUSTOMED TO USING

OUR REGULAR WORK EMAIL AND WILL SEE YOUR EMAIL THERE MUCH SOONER

THAN ANYTHING YOU POST ON ST. THOMAS EMAIL. IF IT MATTERS A LOT OR TIME

IS SHORT, PLEASE MAKE A TELEPHONE CALL.

OTHER:

If you have a great idea about something for the class or need anything at all, please talk to me or

telephone me about it. This class is designed to help you learn as much as possible with the dual goals of

increasing your self-confidence about your ability to become an effective advocate and developing your

own style of practice, whether or not you choose litigation. I will accommodate you in any way that I

can.

You may also contact my Administrative Assistant for help. I permit and even encourage my

Administrative Assistant to use my office (Room 465) so that someone will be available to you on-site at

the Law School and can reach me quickly if necessary.

Feel free to contact any adjunct professor in the course as well. When you telephone, e-mail, or fax any

of us, please identify yourself as a St. Thomas trial advocacy student because many of us have staff who

initially pick up our telephone calls, e-mails and faxes.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

14

ASSIGNMENTS:

1. Reading:

You should always read the assigned material in either the Haydock/Sonsteng or Mauet book

before class, but you are encouraged to read the same topical sections in the other Trial Advocacy books

listed and to find other materials on your own. There is more than one way to do almost anything in

the courtroom. You may find that one source makes more sense or is more readable for you than

another. I encourage you to read the source(s) that work best for you.

Each week you will have a reading assignment and you will prepare to perform a particular trial

skill using a fact pattern from your course materials.

We will follow the format set out here each week unless otherwise stated:

6:00-6:50 PM: Lecture on the topic for next week’s small group exercise

6:50-7:00 PM: Break

7:00-9:00 PM: Rooms to be assigned at each lecture: Small Group Exercise:

1) Performance/Critique in the courtroom (5 minutes)

-Your judge will collect your written assignment but only 6 assignments will be

graded. We are looking for FEWER notes each week as you learn to condense your

thoughts into a BRIEF one-page outline for each aspect of a trial. Your judge will grade

your performance during six (6) graded exercises. Your lowest two scores in the six

graded exercises will be dropped.

2) Video critique in playback room

3) Second brief performance in the courtroom (1-2 minutes on videotape

but no critique)

2) Lecture: Your reading assignment and the lecture will usually be about the subject matter for the

following week’s small group exercise and will take place in Room 458.

3) Small Group Performance: At 6:50 PM, we will take a ten minute break. We will then separate into

four groups of no more than eight students each. Each small group will utilize two rooms, one as a

courtroom and one as a video replay/critique room. We use a total of eight rooms for each class. All

performances will be videotaped. Room assignments will be given out before each lecture.

Each small group will be assigned two adjunct professors, one to preside in the courtroom as “judge” and

one to critique your videotaped performance in the second room.

You will change rooms and have different adjuncts each week to best replicate actual courtroom practice,

because a trial attorney must learn to adapt to any courtroom and any judge.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

15

Each of you should have at least two small group exercises in the Frey Moot Courtroom. I will try to

work with each of you at least twice either as your judge or as your video critiquer. Beyond that, my goal

is to give you maximum exposure to as many of our adjuncts as possible. You will learn to adapt, which

is key to any successful trial practice as well as to any presentation you ever make as an advocate.

4) All Exercises, graded or ungraded:

Bring two copies of your written preparation to every class – one to use and one for your instructors to

see. You will not be graded on your written preparation for the small group exercises, but seeing your

written preparation can enable your instructors to give you a more useful critique. Generally, we will be

looking for INCREASINGLY CONCISE notes and your adjunct professors may comment about and give

you tips for developing more useful preparation notes. NOTE: You will be graded on your written

motions in limine and trial documents that you will prepare for your pretrial conference and mock jury

trial.

a. Hand a copy of your written work to your adjunct professor in the courtroom when you get up to

perform. The teaching faculty will be looking to see that your outline is complete and, hopefully,

more concise each week. We know you will initially write everything down, but try to condense

your work to a single-page outline each week. We are NOT looking for good prose.

b. Condense your outline until you have the entire exercise on a single sheet of paper in large, bold

print, using single phrases in outline form that captures everything you need to achieve during that

exercise.

o For example, for a direct examination, put the witness’s name and identifying information on top.

o Use a short topical outline to cover the subject matter for the witness.

o Note elements of your cause of action to prove with the witness.

o Note exhibits to identify and/or introduce through the witness.

o Note the sources of consistent and inconsistent information (e.g. a police report, a statement) with

page and paragraph numbers so you can find them in a heartbeat.

c. You may consult, confer with and seek advice from anyone at all to help you prepare the

exercises, written assignments, pretrial and jury trials you will perform in this course. Borrow, copy and

share. Nevertheless, you must do your own written work, even if you borrow the ideas and format from

others. Your presentations will all ultimately be your own work even when you mimic another person.

d. Judge Alton is available to discuss any aspect of the course and to help you practice and prepare

for your performances and for your trial.

e. You are welcome to come to court. Please telephone me (Judge Alton) at (612) 348-8105 or my

judicial clerk, Carolanne, at 612-348-8083 to schedule your visit. If I am not on the bench, Carolanne will

help you find something interesting to watch in another courtroom.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

16

5. All Exercises, graded and ungraded:

a. Give a copy of your written work to your small group “judge” in the courtroom when you get

up to perform.

b. Your small group “judge” will note receipt of your written work, watch your performance and

give you a brief critique. You will then take your VHS tape to a different room to review your video with

a second adjunct professor.

c. Go back to your courtroom IMMEDIATELY after your videotape critique to participate in the

rest of the class and to perform in the roles of witness and opposing counsel. Ideally, each student will

play every role during each class period.

d. Once everyone in your small group has performed, you will follow the same performance order

to do a second 1-2 minute performance (depending on the amount of time remaining) of your choosing.

Your second performance will be videotaped for you to keep and review on your own, but it will not be

critiqued. You will not be required to complete a video self-evaluation form.

The second performance is strictly for you. You may repeat part of your earlier performance or do

something different. It will help to solidify whatever you have learned that night.

6. Graded Exercises:

a. All graded exercises are noted on the syllabus Assignment for that week.

b. Graded exercises are handled exactly like the ungraded exercises except that your judge in the

courtroom will fill out the grading form.

When you have a graded exercise, the adjunct professor in the courtroom will grade your live

performance and give the grading sheet to you to take with you and your videotape to the adjunct in the

video critique room. If you believe you were unfairly graded, tell your video critique adjunct. The

adjunct professor who critiques your videotape may increase your performance grade if s/he agrees that

you were unfairly graded on some aspect of your performance. Each adjunct professor will give the

grading sheets and written work either to me or to my Administrative Assistant or place them under my

door in Room 465 before leaving.

c. There is a grading sheet for each type of exercise at the back of the syllabus. Your adjunct

professor will probably use the form to focus his/her critique even for ungraded exercises. Do not worry

about it. Ungraded means exactly that.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

17

7. ALL-OBJECT RULE:

During small group exercises (not during the jury trials), if you think a question may be

objectionable, Stand Up and Object! The person performing as counsel posing the question will have the

first chance to state the grounds for objection. If that person does not know the grounds for objection, you

may then state it. This process encourages objections. We want you to gain maximum experience

dealing with making and meeting objections.

8. EVEN- AND ODD-NUMBERED STUDENTS:

I will separate you into 4 groups of 8 (or fewer) students each. You will perform your small group

exercises with this same group of students for the first six weeks of class. Thereafter, you will be in a

new small group which will include your mock jury trial partner. Contact my Teaching Assistant for your

small group placements for both halves of the semester.

My Teaching Assistant will give you adjunct/courtroom/video review room assignments each

class night when you arrive for the lecture.

Your assignments will often be for “Even-numbered” or “Odd-numbered” students. Just look at

the list of names in your small group. The first person in the list is #1. Then figure out whether your

number is even or odd within that list.

9. DOJ (Depends on the Judge)

In every courtroom, the Judge determines the rules and has the last word. In other words, the

Judge trumps all rules of evidence and procedure. You can make a record for a possible appeal, but on

that day in that courtroom, the DOJ rule controls. We want you to learn to adapt to any judicial style.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

18

ASSIGNMENTS AND SMALL GROUP EXERCISES EACH WEEK:

Week One: Tuesday, January 12, 2010 (Ungraded)

6:00-6:50 PM: Lecture – Trial: - Where do I sit? When do I stand? What do I Say?

-

- Direct Examination

-

- Cross Examination

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Direct and Cross Examination Exercise/Video

Critique (Ungraded)

1) Reading Assignment (Before Lecture): Read from ONE of these texts or read similar subject matter in

some other trial advocacy text. Find one you like. Different ideas are ok. I have placed a number of trial

advocacy books on reserve in the library for your use. Concentrate on direct and cross examination for

tonight’s class.

Haydock/Sonsteng Ch.3 Trial Procedures and Motions

Ch. 7 Direct Examination

Ch. 9 Cross Examination

or

Mauet Ch. I The Trial Process

Ch. II The Psychology of Persuasion

Ch. V Direct Examination

Ch. VII Cross Examination

2) Direct and Cross Examination Exercise for Small Groups:

Special Printing: Problem 1 NITA Liquor Commission v. Cut-Rate Liquor and Jones, pp.1-5.

Even-numbered Students (from your small group list): You will represent the Plaintiff, NITA Liquor

Commission. Prepare a complete written Direct Examination of Investigator Bier even though you will

only perform a 5 minute segment of it.

Odd-numbered Students (from your small group list): You will represent Cut-Rate Liquor Store and Dan

Jones. Prepare a complete written Cross Examination of Investigator Bier even though you will only

perform a 5 minute segment (maximum) of that examination.

NOTE: In cross-examination Less is More.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

19

3. Each student will perform twice every night.

After everyone in your small group has performed, you will have 1-2 minutes to repeat a portion

of your direct or cross-examination. Your second performance will be videotaped for self-review, but the

video will not be critiqued.

4. You may perform in any order. If you fail to volunteer, you will be drafted. Just keep the class

moving when someone is out for a video critique. A different student should play Investigator Bier or

each set of direct and cross-examinations and each of you should play the role of opposing counsel, if

possible.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

20

ASSIGNMENTS:

Week Two: January 19, 2010 (Graded)

6:00-6:50 PM: Lecture – Case Theory and Exhibits

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Direct and Cross Examination/Video Critique

(Graded)

1) Reading Assignment:

Haydock/Sonsteng, Read Ch. 8, Exhibits

Read Ch. 2 Planning and Preparation

Or

Mauet, Read Ch. VI, Exhibits

Review Ch. II The Psychology of Persuasion

2) Direct and Cross Examination Exercise for Small Groups:

Special Printing: Problem 1 NITA Liquor Commission v. Cut-Rate Liquor and Jones, pp. 1-5

(Investigator James Bier).

Problem 3 State v. Lawrence, pp. 9-23

Odd-Numbered Students: Prepare a complete direct examination of Dan Jones for Cut Rate Liquor and a

complete cross-examination of Gale Fitzgerald for Defendant Lawrence.

Even-Numbered Students: Prepare a complete cross-examination of Dan Jones for the Liquor

Commission and a complete direct examination of Gale Fitzgerald for the State.

3) Each student will perform twice tonight. You may use up to 5 minutes for your first direct or cross-

examination. This is your first graded exercise.

After everyone in your small group has performed, you will have 1-2 minutes to direct or cross-

examine the other witness for whom you prepared. Your second performance will be videotaped for self-

review, but the video will not be critiqued.

4) Perform in any order. Keep the class moving. Volunteer so every student goes first at least once

during the semester.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

21

ASSIGNMENTS:

Week Three: January 26, 2010 (Ungraded)

6:00-6:50 PM: Lecture – Opening Statements/Cross Examination

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Exhibits, Part I (Ungraded)

1) Reading Assignment (Before Lecture):

Haydock/Sonsteng Ch. 6, Opening Statements

Or

Mauet, Ch. IV, Opening Statements

2) Exhibit Exercise for Small Groups:

Special Printing: Prepare to lay foundation, offer, introduce, publish and USE the following exhibits.

You will also oppose each exhibit, if appropriate, as opposing counsel. You will each seek to introduce

as many different exhibits as possible during the class.

3) Everyone prepare to both introduce and oppose the following Exhibits: ALWAYS USE THE

EXHIBIT TO COMMUNICATE WHATEVER RELEVANCE IT HAS AFTER IT HAS BEEN

RECEIVED. (Maximum 5 minutes).

a) Special Printing, (Cut-Rate Liquor), pp. 1-7

- Call Officer Bier to testify on direct

i) Offer the bag and bottle as real evidence, p. 7, problem 16

ii) Offer each of them as demonstrative evidence, p. 7 problem 16

iii) Offer the Diagram as illustrative only (not to scale), p. 5

iv) Offer the Diagram as an accurate, to-scale diagram, p. 5

b) Special Printing, (State v. Lawrence), pp.9-25

- Call Gale Fitzgerald to testify on direct

i) Offer a similar purse for illustrative/demonstrative purposes

ii) Offer the actual purse as real evidence

iii) Offer either or both of the maps on pp. 22 and 23 as

illustrative/demonstrative evidence and use map(s) with the witness

iv) Offer one of the maps as an accurate, scale drawing

Students will perform in any order. Keep the class moving.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

22

Tonight your first exhibit performance will be critiqued in the video playback room. Thereafter,

you will continue to handle additional exhibits in the same performance order until 9:00 PM. The adjunct

professor doing video review will join the “judge” in the courtroom to work with you as soon as everyone

in the group has been video critiqued for the first set of performances. Practice, practice.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

23

ASSIGNMENTS:

Weeks Four and Five: February 2, 2010 and February 9, 2010 (Grading/No Grading – ½ of you

will be graded each week. See explanation below.)

Week Four: February 2, 2010

6:00-6:50 PM: Lecture – How to Improve Your Voice Communication

By Professor Craig Fields,

MacPhail University

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Opening Statement Exercise GRADING/No GRADING

(See explanation below)

The class will be split in half tonight and next week.

All students with Professor Fields in the Moot Courtroom will perform a 2 minute UNGRADED Opening

Statement in the NITA Liquor Commission case. Odd-numbered students represent Plaintiff Liquor

Commission and even-numbered students represent Defendant Cut-Rate Liquor and Dan Jones.

All students who go to small groups will perform a 5 minute GRADED opening statement for the State v.

Lawrence case. Odd-numbered students represent Defendant Lawrence and even-numbered students

represent the State.


Haydock/Sonsteng, Review Ch. 2, Planning and Preparation

Review Ch. 6, Opening Statements

Or

Mauet, Review Ch. II, The Psychology of Persuasion

Review Ch. IV, Opening Statements

2) Opening Statement Exercise for Small Groups

a) Tonight and next week will be different from the norm. Tonight, half the class will go to the Moot

Court Room while the other half go to assigned “courtrooms”. Each student in the Moot Courtroom will

perform a 90 second Opening Statement for NITA Liquor Commission (try to do it without notes). This

performance will not be graded but it will be timed to assist Professor Fields, who must limit his work

with each student to 6 minutes.

b) Professor Fields will critique each of the opening statements for NITA Liquor Commission in the

Moot Court Room and offer individual advice on how to use your voice to increase the effectiveness of

any oral presentation. He will allow you to repeat a brief – less than 1 minute - portion of your

presentation to try to incorporate his suggestions.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

24

c) The students who are not assigned to Professor Fields tonight will perform a 5 minute Opening

Statement for State v. Lawrence in their courtrooms, turn in their written assignments, be graded on their

performance, receive a brief critique from the adjunct professor in the courtroom, then take their grading

sheet and videotape to the video review room for a video critique with a second adjunct professor. Return

to the courtroom for a second 1-2 minute performance doing the part of your opening you wish to repeat.

3) Week Four: All students will perform tonight in any order, volunteers first, then draftees:

Week Five:

4) Next week, we will reverse assignments. The people who were graded in Week 4 will be in the Moot

Court Room giving Opening Statements for NITA Liquor Commission with Professor Fields

(maximum90 seconds). The people who worked with Professor Fields in Week 4 will go to their assigned

courtrooms for videotaped performance of their 5 minute opening statements in State v. Lawrence

(graded) and have a video critique as usual, and return to the courtroom to do a 1-2 minute second

performance.

Both weeks, the students in the small group courtrooms should split into two equal-sized groups.

5) Both Weeks 4 and 5: All Students:

1. Carefully prepare a 90 second written Opening Statement for NITA Liquor Commission (ungraded –

working with Professor Fields) and a 5 minute written Opening for State v. Lawrence (graded). You will

perform one of them each week (an outline is far more useful than a polished speech written in prose).

2. Students in regular small group classrooms will give a 5 minute Opening Statement. (Graded) Give

a copy of your written work to your small group instructor when you get up to perform. You will be

graded for the Small group opening statement. You will NOT be graded for your opening statement with

Professor Fields.

3. After the class when you work with Professor Fields, review your video and write a self-critique,

paying particular attention to any points Dr. Fields raised. Turn in your written self-critique before the

next lecture. You may place it in my mail folder in Room 400 or give it to my Administrative Assistant

in Room 465.

4. After your class with Professor Fields, fill out an Instructor Evaluation for him and collect all of them

for me before you leave the Moot Courtroom. Deliver them to my Administrative Assistant in Room 465.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

25

ASSIGNMENTS:

Week Five: February 9, 2010

6:00-6:50 PM: Lecture – Impeachment and Rehabilitation

Tonight, you must turn in your jury trial partner forms. You may also state a preference for Plaintiff

or Defendant, but I cannot guarantee you will get it.

If you do not choose a partner, I will choose one for you.

Next week you will draw for opponents, your judge, and the date of your trial.


Haydock/Sonsteng, Review Ch. 9.4, Discrediting Cross Examination and

Ch. 7.10 Direct Examination Situations

Or

Mauet, Review Ch. VII Cross-Examination;

§7.7 Impeachment and §7.8 Special Problems

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Opening Statements (GRADING/NO GRADING)

See explanation for Week Four – Just reverse everything this week. Professor Fields will be in the

Moot Courtroom from 7:00 PM – 9:00 PM to work with the students he did not work with last week (90

seconds ungraded openings in NITA Liquor Commission). His students from last week will perform 5

minute openings in State v. Lawrence (graded) in small group rooms.

Follow the instructions for Week 4 – just reverse the assignments. So, if you performed a graded opening

statement for State v. Lawrence in a small group last week, you will perform an ungraded opening in the

NITA Liquor Commission case tonight.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

26

ASSIGNMENTS:

Week Six: February 16, 2010 (Graded)

6:00-6:50 PM: Lecture – Brainstorming for Your Jury Trial: Theory of the Case, Case

Preparation and Organization

Tonight you will be assigned a trial partner. You will then draw for opponents, your trial judge and your

trial date before the lecture.

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Impeachment and Rehabilitation/Video Critique (Graded)

(Cross Exam/Impeachment is graded. Redirect/rehabilitation is not graded.)

!) Reading Assignment (Before Lecture):

Read your entire jury trial case file, BMI v. Minicom, Inc., 7th

Ed. 2002, NITA

2) Impeachment and Rehabilitation Exercise for small groups:

Tonight you will perform for the last time with the small group you have been in since the class began.

You will be paired with your trial partner (but not with your opponents) in a new small group beginning

next week. You will remain in this second small group for the rest of the course.

3) Assume that the witness testified on direct examination in accord with the fact summary.

Your assignment tonight is to cross-examine an opposing witness to impeach him or her and to redirect

examine a supporting witness to rehabilitate him or her if impeachment occurs on cross-examination.

You may also perform re-cross and even re-re-direct examination as long as you do not exceed 5 minutes

for your total performance.

a) Even-Numbered Students:

i) Prepare and perform a cross-examination of Investigator Bier (NITA Liquor Commission) to

impeach him.

Before you begin your cross examination, summarize the important parts of the direct

examination you intend to impeach.

ii) Prepare and perform re-direct examination of Gale Fitzgerald (State v. Lawrence) to rehabilitate

her.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

27

b) Odd-Numbered Students:

i) Prepare and perform re-direct examination of Investigator Bier (NITA Liquor Commission) to

rehabilitate him.

ii) Prepare and perform a cross-examination of Gale Fitzgerald (State v. Lawrence) to impeach

him/her. (Sorry, gentlemen. If you are the witness, make it a briefcase rather than a purse.)

Before you begin your cross examination, summarize the important parts of the direct examination you

intend to impeach.

4) Perform in any order. You will be graded in the courtroom and critiqued in the video replay room as

usual for your cross examination/impeachment only.

5) Your “second” ungraded performance tonight will be a 1-2 minute replay of your cross

examination/impeachment. It will not be graded.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

28

ASSIGNMENTS:

Week Seven: February 23, 2010 (Ungraded)

6:00-6:50 PM: Lecture – Closing Arguments

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Direct and Cross-Examination of Final Jury Trial witnesses

(BMI v. Minicom) (Ungraded)


Haydock/Sonsteng, Read Ch. 1, The Advocate

Or

Mauet, Ch. X, Objections

Direct and Cross-Examination of Final Jury Trial Witnesses

You are encouraged to use Exhibits during all of the BMI v. Minicom exercises: Use Exhibits from your

book (paper version or your cd format or both); create and use powerpoint; create timelines or summaries

for your trial and use them during your weekly small group exercises. Be creative. Do not worry about a

grade. We value effort. Practice is critical to handle exhibits well, especially documents. Your job is to

make the triers of fact understand the import of each exhibit.

Plaintiffs in final trial:

i) Direct Exam of Virginia Young

ii) Cross exam of Elliot Millstein

Defendants in final trial:

i) Cross exam of Virginia Young

ii) Direct exam of Elliot Millstein

3) Students may perform each exercise in any order. Alternate witnesses. Any plaintiff’s attorney may

play a plaintiff’s witness. Any defendant’s attorney may play a defendant’s witness. This is true for all

BMI v. Minicom exercises.

Each student’s first performance (5 minutes) will be videotaped and video critiqued.

The student’s second exercise (1-2 minutes) will be videotaped but not video critiqued.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

29

ASSIGNMENTS:

Week Eight: March 2, 2010

6:00-6:50 PM: Lecture – Laying Foundation for Witness, Topic, Experts: Making and Meeting

Objections.

6:50-7:00 PM Break

7:00-9:00 PM: Small Group - Closing Arguments (Graded)


Haydock/Sonsteng, Review Ch. 2, Planning and Preparation, especially 2.9-2.12

Review Ch. 3, Trial Procedures and Motions, especially 3.8-.13

Read Ch 12, Verdict and Appeal

Or

Mauet, Ch. XI, Trial Preparation and Strategy.

Closing Argument Exercises (Graded #6)

Small Group Assignment:

1. Prepare a 5 minute written Closing Argument (an outline is usually more useful than a polished speech

written in prose), for your client, then

2. Prepare a 1 minute written Closing Argument containing the nub or gist of the case – key facts to

prove or disprove the elements of the claim – and why your client should win. Tell it like you would tell

it to a non-lawyer friend who asks what you are doing at work. This should be a VERY BRIEF

OUTLINE of your 5 minute Closing. Mention ethical issues that occur to you during your preparation.

3. In class you will first give the 5 minute Closing and, after all students have performed and received

both a courtroom and video critique, you will then give the 1 minute Closing Argument/Summation.

Your 1 minute argument will be videotaped but not video critiqued.

Closing Argument Exercise for Small Groups:

Students may perform in any order.

IT IS IMPERATIVE that you MUST NOT hear your opposing counsel’s closing argument. If you are in

a small group with your opponent(s), you must switch groups tonight.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

30

ASSIGNMENT:

Week Nine: March 9, 2010 (GRADED)

6:00-6:50 PM: Lecture – Expert Witnesses and Use of Exhibits in Depositions and Trial

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Advanced Direct and Cross Examination of Final Trial

Witnesses (Graded)


Haydock/Sonsteng, Ch. 10, Experts

Or

Mauet, Ch. VIII, Experts

You are encouraged to use Exhibits during all of the BMI v. Minicom exercises – You may use your

paper and/or cd versions of documents, create Exhibits, use Powerpoint, whatever.

2) Direct and Cross/the Other Final Jury Trial Witnesses

Five minute graded exercise: Prepare your examination for both witnesses.

A. Defendants in Final Trial: 5 minute exercise on videotape for video critique

1) Direct Exam of Michael Lubell or

2) Cross Exam of Chris Kay

B. Plaintiffs in Final Trial: 5 minute exercise on videotape for video critique

1) Cross Exam of Michael Lubell or

2) Direct Exam of Chris Kay

Plaintiffs should try to qualify Chris Kay as an expert in his/her specific field. Defendants oppose that

effort.

Defendants should try to qualify Michael Lubell as an expert in his/her specific field. Plaintiffs oppose

that effort.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

31

Order of Performance: Students may volunteer or will be selected by their Adjunct Professor. Whenever

possible, a direct examination will precede a cross examination. If that is not possible, and you wish to

cross-examine, assume the witness testified in accord with his deposition.

C. Everyone: 1 – 2 minute ungraded exercise.

Do a 1-2 minute direct or cross examination of the witness you did not examine for your five minute

graded exercise. This exercise will be videotaped but neither graded nor videocritiqued.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

32

ASSIGNMENTS:

Week Ten: March 16, 2010 (Ungraded)

6:00-6:50 PM: Lecture – Voir Dire

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Exhibits, Part II (Graded)

Reading Assignment (Before Lecture):

1. Haydock/Sonsteng, Ch. 5, Jury Selection

Or

Mauet, Ch. IIII, Jury Selection.

2. Exhibit Exercise for Small groups, Part II

A. BMI v. Minicom

1. Defendants in final trials: Prepare to lay foundation, offer, introduce, publish and use the

following exhibits. You may choose your witness(es).

- Plaintiffs oppose and prepare to object per Rules of Evidence..

Ex. 2, Lubell’s Phone Log for 9/2/yr-2

Ex. 18, p. 91, Lubell’s Phone Log for 1/6/yr-1

Ex. 3A, 3B, 3C, Lubell’s fax/letter to Kay 9/2/yr-2

Ex. 20A, 20B, 20C, Lubell’s Letter, to Kay by fax and mail 1/6/yr-1

Ex. 23, BMI statement of Account to Minicom, 1/10/yr-1 (Received January 14, yr-1)

Ex. 27, Letter from Michael Lubell to Chris Kay 1/23/yr-1)

Each student may choose 2 Exhibits (or sets of Exhibits) to introduce.

Defendants(Offer 2 Exhibits) Plaintiffs (Oppose offers)

You may perform in any order. You may perform in any order.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

33

2. Plaintiffs in final trial: Prepare to lay foundation, offer, introduce, publish and use the following

Exhibits. You may choose your witness(es).

- Defendants oppose and prepare to object per Rules of Evidence.

Ex. 22, Kay’s Letter to Lubell 1/10/yr-1

Ex. 23, BMI statement of Account for Minicom 1/10/yr-1

Ex. 24, NPS shipping Record for 25 gross ICP – 73, 1/16/yr-1

Ex 28, Kay’s Letter to Lubell 1/27/yr-1

Ex. 29, Kay’s Letter to Lubell, 2/13/yr-1

Ex. 34, Kay’s Letter to Millstein – pay up, 3/3/yr-1

Each student may choose 2 Exhibits to introduce

Plaintiffs (Offer 2 Exhibits) Defendants (Oppose offers)




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

34

ASSIGNMENTS:

Week Eleven: Tuesday, March 23, 2010 (Ungraded)

6:00-6:50 PM: Lecture – Pretrials

-Motions in Linine; Drafting Findings of Fact, Conclusions of

Law and Order

-Preparing Jury Instructions and Verdict Forms

-Learning the rules of the court (Trial guidelines for a Specific

Judge)

6:50-7:00 PM Break

7:00-9:00 PM: Small Group – Voir Dire (BMI v. Minicom) – (Ungraded)


Haydock/Sonsteng, Ch. 11, Summation

Or

Mauet, Ch. IX, Closing Arguments.

2) Voir Dire performances: You may videotape your performance if you wish to have it for your own

edification, but you will be critiqued only in the courtroom tonight to enable you to do more voir dire.

Both of your adjuncts will work in your courtroom tonight. One will “judge”, but both will critique.

1. You will take turns in groups of 2 (one Plaintiff’s attorney and one defense attorney) questioning the

remainder of your classmates and any of your adjunct professors who are not “judging” tonight, all of

whom will sit in the jury box.

2. Each “juror” should take the name/history/personality/identify of a person he or she knows very

well. Answers to questions should then be true for that person.

3. The “judge’ will ask 3 questions of each juror in the panel: 1) Name; 2) Occupation; 3)

Education.

4. Each of you will have 5 minutes to voir dire the jury panel. You may speak to the jurors

collectively (with group questions) and then follow up individually, or you may question individuals.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

35

5. At the end of your five minutes, introduce your partner, sit down and let your partner question for

five minutes. When both of you have completed your voir dire (ten minutes total), either state a challenge

for cause, if you have one, or say “Pass the panel for cause” which means you have no cause challenge to

make. A challenge for cause or a peremptory challenge (you will not have any peremptory challenges)

must be determined by both members of your team.

6. With each pair of attorneys, the two defense attorneys go first; then the two plaintiff’s attorneys will

question the jury. Partners need to decide which partner will question first and which partner will

question second. When in doubt, flip a coin. Each team will have a total of ten minutes.

7. Critiques by the adjunct professors should wait until both attorneys in a pair have finished their 5

minutes of voir dire. Anyone without a trial partner should have ten minutes for voir dire.

8. NOTE: There are many, many ways to conduct voir dire. This truly Depends on the Judge (DOJ).

ALWAYS ask the judge before you begin voir dire how much time the Court will permit you to use, if

there are particular rules about permissible subject matter and how you should exercise your cause and

peremptory challenges (Preempts). Most federal judges will do all of the voir dire him/herself and will

not permit you to do any voir dire at all. Some state judges will not ask questions of the jurors

themselves, will give you free rein to use as much time as you wish in voir dire, and will allow you to ask

each juror all of your questions. Most judges are someplace in between these extremes.

9. You will use these same voir dire procedures for your jury trial (5 minutes per person). Your trial

judge may permit you to designate a person you would preempt if you were allowed to do so. Pay

attention to that person during the trial and deliberations. Ask the juror some questions after the verdict is

reached to determine whether or not you were correct in your decision to preempt that juror.

10. We NEVER actually preempt a volunteer juror and send him/her home. If a juror has an actual

conflict (your mother) or you feel very strong about your desire to preempt the juror, that juror could be

sent to one of the other courtrooms to serve. We are grateful to every person who is willing to devote a

long evening to the University of St. Thomas Law School and you should be sure to thank all of them.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

36

ASSIGNMENTS:

Tuesday, March 30, 2010

NO CLASS (Spring Break)




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

37

ASSIGNMENTS:

Week Twelve: Tuesday, April 6, 2010 PRETRIALS AND FACULTY EVALUATIONS

(Pretrials are GRADED = 10% of your final grade.)

NO LECTURE BUT YOU MUST BE PRESENT ALL EVENING, 6 – 9 PM

6:00-7:30 PM Pretrials for Jury Trials on Tuesday, April 13, 2010 and FACULTY EVALUATIONS

in Room 458

7:30-9:00 FACULTY EVALUATIONS in Room 458, and Pretrials for Jury Trials on Wednesday,

April 14, 2010

Pretrials – You will have a pretrial with your trial judge. We will use 4 separate rooms. Check the

schedule on Blackboard.

You must fax, email, messenger, mail, or personally deliver the following documents so that your trial

judge receives your submissions no later than noon on Monday, March 29, 2010. Telephone your trial

judge to make sure your delivery will be and has been received.

All documents should be submitted by a TEAM of student attorneys. You only have to do one set of

documents if you are in a team of two. If you do not have a partner, you will have to do all of the work

yourself, but I do note that fact and raise your grade for both the pretrial and trial if you are on the cusp

between 2 grades.

A. You and your partner must write the Motion documents by yourselves. You must submit:

1. A motion in limine to include or exclude some evidence.

- Notice of Motion and Motion

- Memorandum of Law

- Findings of Fact, Conclusions of Law and Order (your most important document)

- Affidavit of service by mail on your opposing counsel.

(No joint effort by both teams of students: Each side must bring its own motion in

limine.)

Argue your motion at the pretrial. Ask for a ruling.

B. The rest of your papers can be a joint effort among all of the student attorneys participating in your

trial. Cooperation is encouraged but not required.

1. A complete set of proposed jury instructions and jury verdict form. (A joint effort is encouraged.)

Use the jury instructions in your case file. Edit them to eliminate any unnecessary language or issues.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

38

2. An Exhibit List and an Exhibit Book that you propose to provide to each juror (A joint effort

among all lawyers participating in your trial is encouraged.) Make a Table of Contents, listing each

Exhibit by both Exhibit number and page number from your book. You must provide the Exhibit Books.

-Make 10 exhibit “books” for jurors, one for each student attorney participating in the trial and one

for your judge. Keep it simple. Clip the pages together with a little black clip or a single binder ring.

Keep it simple and cheap.

Example of Exhibit List::

Exhibit 4, 9/5 Yr - 2, BMI work order sent by e-mail.

3. A Witness List with a brief description of expected testimony.

4. A joint factual statement (agreed upon by all student attorneys participating in your trial) that the

judge will read to the jury before opening statements. It must fairly set out the basic facts together with

the claims and defenses of each party. NOTE: This is to tell the jury what the case is about. It is NOT

the joint factual statement required by the MN Rules of Practice for the District Courts Rule 112, which is

not required for your jury trial.

5. DOJ: It depends on the Judge: Be prepared to discuss the rules of the courtroom – how your judge

will try the case. Be sure to cover such things as:

- Movement around the courtroom/use of a podium (Note: Many courtrooms do not have a podium);

- Use of individual Exhibit books for the jurors: Ask the Court whether you can offer the Exhibit book

into evidence at the beginning of the Plaintiff’s case in chief or whether there are any limitations

imposed by the Court;

-Allowing jurors to ask questions of a live witness after his/her testimony is otherwise complete, and,

if yes, what is the procedure?

- Moving furniture in the courtroom (always offer to move it back after the trial and be sure to do so);

- Order of trial:

- How will voir dire be conducted? Who asks the questions? Time limits? How should you exercise a

cause challenge? When can you exercise a peremptory challenge?

- Does the judge give any substantive instructions to the jury as part of preliminary instructions before

opening statements?

- When does the judge give closing jury instructions? Before or after closing arguments?

- Does the judge or do you want individual copies of the jury instructions and verdict forms for

each juror? (Offer to make them if the answer is yes.) It is unlikely that any juror will understand

and remember any given instruction unless s/he has a copy in her/his hands to read along at the

time the judge reads them aloud. Do not expect the jurors to look for, find and read a particular

instruction if they have not been given individual copies in court and a single written copy is

placed in the jury room for their collective use.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

39

All eight jury trials will be held on two consecutive nights (4 simultaneous trials each night) from 4:30

PM until 10:30 PM in the Hennepin County Government Center. Courtrooms will be assigned in advance.

You must arrive at 4:30 PM to deal with pretrial matters and be ready to begin the trial promptly at 5:00

PM. Expect to stay until 10:30 PM. You must procure your own trial witnesses and exhibits. Each

student must bring two jurors to sit in one of the other jury trials. You can bring anyone to be a juror,

even a law student or attorney as long as the law student is not currently enrolled in this course.

You are encouraged to bring family and/or friends to watch your trial and cheer for you; however, the

jurors you bring MUST sit on a different trial, not yours.

Your jurors should be strangers to you and should not know one another because any two people who

know one another already have a group dynamic between them.

Additional trial schedule details, if any, will be provided to you on or before the pretrial.

Your jury will be videotaped during deliberations. We will try to bring a live audio/video feed out of each

jury room so you can watch your jury deliberate. You will have an opportunity to talk to your jurors after

the verdict.

Here are the basic rules for your jury trials:

1. The courtrooms are reserved at 4:30 PM; however, a given courtroom may still be in use for a few

minutes after 4:30 PM. That is real life and you will simply have to wait for the courtroom to recess for

the day. You should arrive at 4:30 PM to get organized.

2. Be present and ready to proceed at 4:30 PM with any pretrial matters.

3. Jury selection will begin no later than 5:00 PM. Each attorney will have 5 minutes to voir dire the jury

panel, collectively or individually after the judge asks their names and a few details. (Ten minutes per

team or ten minutes individually if you are trying your case without a partner.)

4. Each side will have a total of 70 minutes to present its case, including opening, closing , direct and

cross-examinations. This does not include voir dire. The trial judge will keep time and will cut you off if

necessary during each and every phase of the trial.

5. If you are part of a team of two attorneys:

-One of you gives the opening statement, the other, the closing argument.

- Each of you will do one direct exam and one cross-exam.

- If you handle the direct or cross exam of any witness, only you can object to your opponent’s

questions of that witness. Your partner may write notes to you but your partner may not

object. This is because double teaming is too hard for any opponent to handle.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

40

6. Stand to object and to respond to an objection. It gives you time to think of the proper grounds for

objection and gives you more command of the courtroom.

7. Your jury may be split in two if there are 6 or more jurors in your case. A minimum of 3 people are

needed to form a group dynamic. If your judge wishes to split the jury, the people you would have

preempted will be the second jury. Your trial judge will take responsibility for "arbitrarily" splitting the

jury immediately before they retire to deliberate. The two juries will deliberate separately. NEVER tell

any juror s/he would have been preempted. We welcome EVERY juror who volunteers to spend a long

night playing juror.

8. You will be able to observe your chosen jury deliberate on video, an opportunity you will never have

in real life.

9. The evidence should END by 8:30 PM and the jury be SENT OUT by 9:00 PM following jury

instructions and closing arguments. The jury will be encouraged to reach a verdict by 9:30 PM. You will

then be able to question the jury about everything – how they viewed your performance, whether they like

or disliked a particular technique or strategy you used, what mattered most to them in their deliberations,

which witness(es) persuaded them, whatever.

10. After the jury is discharged and leaves the courtroom, your trial judge will briefly critique each of

you. YOU MUST STAY UNTIL YOUR TRIAL JUDGE COMPLETES ALL OF THE

CRITIQUES FOR YOUR TRIAL TEAM OF 4 ATTORNEYS, HOPEFULLY NO LATER THAN

10:30 PM.

Your grade DOES NOT depend in ANY way on who wins or loses. Your grade will reflect only your

individual performance and efforts, not even that of your partner.

Remember the golden rule and have fun!




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

41

ASSIGNMENTS:

Week Thirteen: Tuesday, April 13, 2010 and Wednesday, April 14, 2010

Jury Trials! (GRADED – 50% OF FINAL GRADE)

You MUST be present BOTH NIGHTS from 4:30 PM – 10:30 PM. The actual trials will be 5:00 –

10:00 PM. You will try your case one night and observe the other night.

4:30 – 5:00 PM is for setting up and last minute matters to discuss with your judge.

10:00 – 10:30 PM is for your judge’s critique of student performances in your trial.

Review the instructions for the trial in the Week Eleven instructions, and review the voir dire procedures

in the Week Twelve instructions.

HAVE FUN!

Yes, your jury trial is your Final Exam but remember –

THE VERDICT IS IMMATERIAL.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

42



Work (612) 348-8105

Cell (612) 237-4797

Home (763) 473-1544 (7AM-10 PM only)

FORMS – TABLE OF CONTENTS

Opening Statement Evaluation Form

Direct Examination Evaluation Form

Cross Examination Evaluation Form

Cross Examination Evaluation Form – Impeachment

Exhibits Evaluation Form

Closing Argument Evaluation Form

Jury Selection Evaluation Form

Pre-Trial Grading Form

Final Trial Grading Form

Video Self-Evaluation Form

Jury Trial Partner Choice Form

Critiquer/Teacher Evaluation Form




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

43

Date ________________ Trial Advocacy

Opening Statement Evaluation Form

Instructor ________________________ Student ______________________

Absent ____ Late ____ No. of Min. Late ____ Left Early ____ No. of Min Left Early ___

Student Unprepared as opposing lawyer _____ Student unprepared as Witness____

Grading Key

5 – Superb performance exceeding all expectations

4 – Very good/excellent performance

3 – A competent, fully adequate performance but with both major and minor deficiencies

2 – Minimally adequate performance; needs work

1 – A poor performance, substantial inadequacies; unprepared

Oral Performance

A Told a clear, interesting, persuasive story _____

B Development of a theme or theory of the case _____

C Related facts to elements of claims you must prove/disprove _____

D Request for a particular verdict _____

E Eye contact, voice projection, posture, commanding performance _____

F Overall performance of opening statement _____

TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________

Written Preparation Check if yes

A Thorough outline for opening statement, including story,

elements to prove/disprove and verdict desired _____

B Statement of theme or theory of the case _____

C Brief outline useful for Opening Statement with

no/minimal use of notes _____

D Not turned in _____

Comments: _________________________________________________________________

___________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

44


Direct Examination Evaluation Form




Grading Key






Oral Performance

A Proved prima facie case, under applicable legal theory _____

B Interesting and persuasive story _____

C Sufficiently detailed and orderly questioning _____

D Use of understandable and non-objectionable questions _____

E Lays good foundation for each topic covered _____

F Overall performance of direct examination _____

TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________


A Thorough and complete, interesting questions for witness _____

B Detailed and understandable order of questions _____

C Useful outline for questioning witness _____


Comments: _________________________________________________________________

___________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

45

Date ____________________ Trial Advocacy

Cross Examination Evaluation Form

Instructor ________________ Student _________________



Grading Key






Oral Performance

A Effective supporting cross examination and avoidance of repetition _____

B Effective discrediting cross examination _____

C Proper leading and understandable questions _____

D Maintained good control of and proper attitude toward witness _____

E Avoids allowing witness to explain answer _____

F Overall proper cross-examination technique and tactics _____

TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________


A Thorough and complete, interesting questions for witness _____




TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

46

Date ____________________ Trial Advocacy

Cross Examination Evaluation Form - Impeachment

Instructor ________________ Student _________________



Grading Key






Oral Performance

A Effective supporting cross examination and avoidance of repetition _____

B Effective discrediting cross examination _____

C Effective impeachment with prior inconsistent statement _____

D Proper leading and understandable questions _____

E Maintained good control of and proper attitude toward witness _____

F Overall proper cross-examination technique and tactics _____

TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________

Written Preparation Check if Yes

A Thorough and complete, laid out impeachment with prior inconsistent statement _____




TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

47

Judge Ann L. Alton

Date __________________ Trial Advocacy

Exhibits Evaluation Form




Student is working on?

Grading Key


4 - Very good/excellent performance

3 – A competent, fully adequate performance but with both major and minor deficiencies. This is the

expected performance from a fully prepared law student



Oral Performance

A Thorough and complete foundation for Exhibit

(Who, What When, Where, how and maybe Why) _____

B Proper handling of Exhibit from Marking to Introduction _____

C Establishment of Identification, Relevance and Authenticity _____

D Use of exhibit after it was received in evidence _____

E Clarity of record _____

F Overall performance of Exhibit _____

TOTAL _____

Approximate Letter Grade ___________

Comments: _________________________________________________________________

___________________________________________________________________________


A Thorough and complete, foundation questions _____

B Understanding of proper handling of Exhibit _____



Comments: _________________________________________________________________

___________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

48

Date __________________ Trial Advocacy

Closing Argument Evaluation Form




Grading Key



3 – Competent, fully adequate performance but with both major and minor deficiencies


1 – Poor performance, substantial inadequacies; unprepared

Oral Performance

A Interesting and persuasive summary of evidence and use of exhibits _____

B Strong reiteration of theme or theory of the case _____

C Clear, concise explanation of controlling law _____

D Compelling argument for a particular verdict _____

E Eye contact, voice projection, posture, commanding performance _____

F Overall performance of closing argument _____

TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________

Written Preparation Check if Yes

A Thorough outline for closing argument, including story, exhibits and law _____

B Strong repeat or development of theme or theory of case _____

C Brief outline useful for Closing argument with no/minimal use of notes _____


TOTAL _____

Comments: _________________________________________________________________

___________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

49


Jury Selection Evaluation Form



Student Unprepared as opposing lawyer _____ Student unprepared as Juror _____

Grading Key






Oral Performance

A Success in obtaining personal information from jurors about themselves

and their beliefs (Jurors talking openly about themselves _____

B Ability to listen and ask appropriate follow-up questions _____

C Good mix of open-ended and specific questions to the entire

panel and to individual jurors _____

D Ability to deal with strengths and weakness of your case _____

E Ability to develop rapport with the jury _____

F Demeanor and tone: Command of courtroom, appropriate eye contact,

voice projection, facial expression, physical position, appropriate _____

spacial distance from jurors, and avoidance of distractions

TOTAL _____

Comments: _________________________________________________________________


A Open-ended interesting questions for jurors designed to

obtain relevant information about them. _____

B Useful mix of questions to the panel, designed to obtain

attitudes and opinions relevant to the case _____

C Useful outline for questioning jurors _____


Comments: _________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

50

Judge Ann L. Alton

Trial Advocacy

Date_______________________ University of St. Thomas School of Law

Pretrial Grading Form

Student ________________________ Judge ______________________

(Plaintiff) (Defendant) Partner __________________

A = An excellent accomplishment

B = A very good accomplishment with a few deficiencies

C = An average accomplishment with some major and minor deficiencies

D = A below average accomplishment with several major and minor deficiencies

F = A poor accomplishment with substantial deficiencies; poor preparation

(NOTE: “+” and “-“ grades may be given.)

Pretrial Submissions: Motions in Limine, Jury Instructions, Verdict Form, Witness List, Exhibits List

(and/or Exhibit Books) and Joint Declaration of Facts/Issues to Read to Jury before Voir Dire:

Grade: _____

Comments: ___________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Pretrial Conference and how the trial will be conducted: Arguments about Motions in limine,

learning the rules of the courtroom, finalizing jury instructions and verdict form:

Grade: _____

Comments: ____________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Pretrial Performance Overall:

Grade: _____

Comments: ____________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

51

Grading Form – Final Trial

Judge ________________________ Student ______________________

Trial Date: ______________________ Partner _____________________

(Plaintiff) (Defendant)

A = An excellent accomplishment

B = A very good accomplishment with a few deficiencies

C = An average accomplishment with some major and minor deficiencies

D = A below average accomplishment with several major and minor deficiencies

F = A poor accomplishment with substantial deficiencies; poor preparation

Final Submissions for Trial: Jury Instructions, Verdict form, Witness List, Exhibits List (and/or Exhibit

Books for Court and Jury) and Joint Declaration of Facts/Issues to Read to jury before Voir Dire (give

same grade as pretrial if no changes have been made)::

Grade _____

Comments: ________________________________________________________________

__________________________________________________________________________

TRIAL COMMENTS:

1) Opening or Closing: _____________________________________________________

___________________________________________________________________________

2) Direct: _________________________________________________________________

___________________________________________________________________________

3) Cross: __________________________________________________________________

___________________________________________________________________________

4) Objections (Proper and Appropriate Objection and/or Response): _______________

___________________________________________________________________________

5) Courtroom demeanor, presence and Delivery: ________________________________

___________________________________________________________________________

6) General Comments: ______________________________________________________

___________________________________________________________________________

Final Trial Grade _______

Justification for this grade (Important if every student performing in this trial will receive the same

grade.)

_____________________________________________________________________________

_____________________________________________________________________________




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

52

TRIAL ADVOCACY

VIDEO SELF EVALUATION FORM

Return this form to Judge Alton’s mailbox or office by 4:00 PM on Monday following small group

session. (You can slip it under the door of the office.)

Your Name ______________________________ Date____________________

Exercise ___________________________ Instructor______________________

1. What did you perceive to be your strengths during this exercise?

2. What did you perceive to be your weaknesses during this exercise?

3. Pick one thing you would like to improve during your next _______________. What is it? What can

you do to improve in this area?

4. How useful was your outline? (i.e. Is it succinct?)

5. How can we help you to improve your understanding and performance of the exercise?




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

53

Trial Advocacy

Date _______________

Jury Trial Partner Choice Form

Six jury trials will be held as follows: 3 jury trials will be held simultaneously on Tuesday and 3

jury trials will be held simultaneously on Wednesday on the dates scheduled. All of them will be from

5:00 – 10:00 PM. You must be in the courtroom to set up at 4:30 PM. Trials will begin promptly at 5:00

PM. Expect to be there until 10:30 PM.

You may choose your final trial partner. There may be a need for one person to try the case alone.

If you are willing to try your case by yourself without a partner, please tell me that.

If you do not choose a partner and there is a need for more students to try the case with a partner,

one may be randomly assigned. You may also request to be plaintiff or defendant’s counsel, but there is

no guarantee that you will be assigned that role.

Trial assignments for your judge, courtroom and date will be drawn next week in class.

Please submit only one form per team.

Partners: ____________________________

____________________________

1st Choice

Case: BMI v. Minicom ____________________________

Contract Case Plaintiff or Defendant

Each of you will try your own case one night and watch a different trial on the other night.




Home (763) 473-1544 (7AM-10 PM only);

Home Fax (763) 432-2562

54

Ann L. Alton

Trial Advocacy

University of St. Thomas School of Law

CRITIQUER/TEACHER EVALUATION FORM

Return this form to Judge Alton’s Mailbox (4th

Floor Office, Adjunct Faculty, Mail Cart) by 4:00 PM on

Monday following small Group Session.

Your Name _________________________________ Date _______________________

Exercise: _______________________ Critiquer/Teacher __________________________

Low High

1. The instructor critiqued the exercise 1 2 3 4 5

in a professional, helpful and courteous manner.

2. The instructor made specific comments 1 2 3 4 5

and pointed out individual student areas

that need improvement.

3. The instructor properly paced the exercise, 1 2 3 4 5

allowing time for each student performance

and critique

4. Overall, I rate the instructor 1 2 3 4 5

I would want to be critiqued by this instructor again _______Yes ______No

I liked the following about this instructor:

This instructor could improve by:

Suggestions for ways THIS EXERCISE could be improved:

Documents

Trial Advocacy Syllabus, Judge Ann L. Alton, Adjunct ... · Michael Sonsteng, Integreon Managed Solutions (C) 651-208-3752; (Fax) 612-548-3441 ... attorney with years of trial experience,