Fall 2009 001 Mock Trial Schla by HC12110903823

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									                               THE UNIVERSITY OF TOLEDO
                      COLLEGE OF HEALTH SCIENCE & HUMAN SERVICE
                             PARALEGAL STUDIES PROGRAM
                           LGL: 2700 ADVOCACY: MOCK TRIAL
                                   SYLLABUS FALL 2009

Section: 001      Tuesday/Thursday        2:00 p.m. to 3:15 p.m.         Room HH 1419

Instructor:                John J. Schlageter, III, Esq.
E-Mail Address:            John.Schlageter@.UToledo.Edu
Office Hours:              Tuesdays/Thursdays              10:00 am -11:00 am; 3:15 pm -4:10 pm
Office Phone:              419-530-7748
Texts:                     Trial Techniques, (7th edition) by Thomas A. Mauet
                           (Aspen Publishing)

Objectives:    An in depth survey of the trial process, exposing students to each step of a trial in
a hands-on fashion. The course will be taught utilizing traditional lecture, reading, and actual
mock trial experience. The McQuade Courtroom technology will also be introduced to students.
The AMTA Case Study that will be utilized in this class is or will be available on the website:
http://www.collegemocktrial.org/welcome/welcome.php. Please see me for the username and
password required for case access. You may also download a trial version of the trial
presentation software Sanction II.

Class              Date           Topic                                              Reading
                                                                                     Assignment
1                 8/25/09         Introduction to Course
                                  (introduce instructor, review syllabus)            Case Study
                                  Handout Assignment #1 (case study)
                                  Due date 9-15-09 Assign Trial Teams
                                  Team selection of trial attorneys, witnesses
                                  and paralegals

2                 8/27/09         Lecture: Rules of Evidence: Articles 1-4           Pgs. 547-559
                                  Handout Assignment #2 (evidence questions)
                                  Due date 9-8-09

3                 9/1/09          Lecture: Rules of Evidence: Articles 5-7           Pgs. 559-566

4                 9/3/09          Lecture: Rules of Evidence: Articles 8-10          Pgs. 566-577

                  9/8/09          Last day to Add/Drop

5                 9/8/09          Lecture: Rules of Evidence Summary
                                  Exhibits-proper way to introduce at trial          Pgs. 170-177

6                 9/10/09         Lecture: Rules of Evidence-Objections
                                  Handout Extra Credit (Sanction II)
                                  Assignment Due date 10-29-09                       Pgs. 447-481

7.                9/15/09         NO CLASS: Attend Judge Zmuda Common Pleas Court Session

8                 9/17/09         Analyze Mock Trial Problem-Plaintiff
                                  Hand Out Assignment #4 (Sanction II Case Creation)

9                 9/22/09         Analyze Mock Trial Problem- Defendant

10                9/24/09         Review and use of Courtroom Technology

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Class    Date      Topic                                 Reading Assignment

                   In-class Assignment #3 (document camera etc.)

11      9/29/09    Lecture- Sanction II

12      10/1/09    In Class Sanction Assignment #4

        10/6/09    NO CLASSES – FALL BREAK

13      10/8/09    Lecture: Opening Statements-Mock Trial Video    Ch. 4
                   Team Preparation – Opening Statement (In Class)
                   Hand Out Assignment #5 (Deposition Assignment)
                   Typed deposition notices and questions
                   due date is 10-8-09.

14      10/13/09   Opening Statements – Class Presentation
                   Teams 1-4- Plaintiff and Defendant
                   **Each team’s attorney will give an opening statement
                   Discuss Trial Notebooks (p. 486 of text)


15      10/15/09   Lecture – Direct Examination-Mock Trial Video         Ch. 5
                   Team Preparation of direct examinations

16      10/20/09   Class Presentation
                   Teams 1-4- Plaintiff and Defendant
                   **Each team’s attorney will conduct a direct an examination of
                    one team witness

17      10/22/09   Depositions of opponent witness in class

18      10/27/09   Lecture – Cross Examination Mock Trial Video          Ch. 7
                   Team Preparation of cross examinations

19      10/29/09   Team Presentations
                   Teams 1-4- Plaintiff and Defendant
                   **Each team will cross examine a witness.
                   Exchange of witness lists for Practice Trials and Trials

        10/30/09   LAST DAY TO WITHDRAW

20      11/03/09   Closing Argument Lecture & Mock Trial Video           Ch. 9

21      11/05/9    Team Presentation – Closing Argument                   Ch. 6, Ch. 10
                   Teams 1-4 Plaintiff and Defendant
                   **Each team will give a closing argument
                   Exchange of witness and exhibit lists for Practice and
                   Graded Trials

                              PRACTICE TRIALS

22      11/12/09   Practice
                   Trial #1       Team 1 v Team 3 (Team 1 case-in-chief)


                                     2
23               11/12/09       Practice
                                Trial #1         Team 1 v Team 3 (Team 3 case-in-chief)

                                Trial Notebooks Due

24               11/17/09       Practice
                                Trial #2         Team 2 v Team 4 (Team 2 case-in-chief)

25               11/19/09       Practice
                                Trial #2         Team 2 v Team 4 (Team 4 case-in-chief)

                 11/24/09       NO CLASS – THANKSGIVING

                                           GRADED TRIALS

26               12/1/09        Trial #1         Team 1 v Team 2 (Team 1 case-in-chief)

27               12/3/09        Trial #1         Team 1 v Team 2 (Team 2 case-in-chief)

28               12/8/09        Trial #2         Team 3 v Team 4 (Team 3 case-in-chief)

29               12/10/09       Trial #2         Team 3 v Team 4 (Team 4 case-in-chief)


GRADE CALCULATIONS

       1. Assignment #1-Case study                       =        70 points
       2. Assignment #2-Evidence questions               =        80 points
       3. Assignment #3-Evidence camera etc.             =        10 points
       4. Assignment #4-Sanction II Case Creation        =        10 points
       5. Assignment #5-Deposition Assignment            =        20 points
       6. Trial Notebook                                 =        25 points
       7. Trial
                Individual score                         =        100 points
                Team score                               =        25 points
       8. Attendance/Participation                       =        25 points

                                                         Total:   240
Grading Scale:                  240 – 228 = A (95.0%)
                                227 – 216 = A- (90.0%)
                                215 – 208 = B+ (87.0%)
                                207 – 201 = B (84.0%)
                                200 – 194 = B- (81.0%)
                                193 – 187 = C+ (78.0%)
                                186 – 180 = C (75.0%)
                                179 – 172 = C- (72.0%)
                                171 – 165 = D+ (69.0%)
                                164 – 158 = D (66.0%)
                                157 – 151 = D- (63.0%)
                                150 – 000 = F

Extra Credit     Video Opening, Direct, Cross,                    15 points
                 or Closing    --SanctionII

Class Attendance

                Class attendance is required. I will take attendance at the beginning of each
                 class. Please be punctual. If you arrive late, it is your responsibility to make sure
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             I mark you present for that class. You will be expected to be prepared for class.
             Preparation and participation are extremely important to your success as a
             student.

         The University of Toledo Missed Class Policy

          Approved by Faculty Senate, 1/22/02; approved by Student Senate, 1/22/02

          This policy provides for basic protections and reasonable accommodations for students
          who miss class with excused absences. Students are expected to attend every class
          meeting of courses in which they are registered. Only in specific, unavoidable situations
          does the University excuse absences from class: 1) personal emergencies, including,
          but not limited to, illness of student or of a dependent of the student [as defined by the
          Board of Trustees’ Policy on Family and Medical Leave], or death in the family; 2)
          religious observances that prevent the student from attending class; 3) participation in
          University-sponsored activities, approved by the appropriate University authority, such as
          intercollegiate athletic competitions, activities approved by academic units, including
          artistic performances, R.O.T.C. functions, academic field trips and special events
          connected with coursework; 4) government-required activities, such as military
          assignments, jury duty, or court appearances; and 5) any other absence that the
          professor approves.

Late Assignments

            One of the goals of the legal assisting program is to prepare students for the
             realities of the legal profession. One of these realities is the deadline. In order to
             accustom the student to meeting deadlines, a penalty will be imposed for late
             assignments as outlined below.

             o     All assignments, quizzes, examinations, and in-class work must be completed and
                   submitted as scheduled. Late assignments will be accepted at my sole discretion and
                   only in extraordinary circumstances. Any late work (including examinations) must be
                   accompanied by a Motion to Accept Late Work in a form suitable for filing with the Lucas
                   County Court of Common Pleas, together with a Memorandum in Support and
                   appropriate documentation attached as exhibits. If all of these materials are provided in
                   proper form no later than the seventh day after the due date, I will consider accepting the
                   late work. Quizzed may not be made up. There will be no exceptions.

            Problems with typists, broken typewriters, or downed computers are not excuses
             for failing to meet a Court deadline and they are not excuses for submitting a late
             assignment in this class.
            Ten (10) points will be deducted for any assignment turned in late.
            No assignment will be accepted if it is more than one (1) class period overdue.
            If an assignment is late and I am not available to receive it, the assignment must
             be date-stamped by the receptionist at the faculty center desk and deposited in
             my mailbox.

Completion of Assignments

            Completion of all assignments is a course requirement. If an assignment is not
             completed satisfactorily, the student will be required to re-do the assignment. All
             assignments, including re-writes must be turned in before the student can pass
             this course. Ten (10) points will be deducted for re-writes.
            All writing assignments must be typed on 8 ½ by 11 inch regular typing paper (not
             erasable bond or onion skin) and must follow the format announced in class for
             the particular assignment.
            The original of every assignment must be turned in to me, and the student should

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             retain a photocopy of the assignment in case the original is lost or stolen.

Dropping the Course

            If you want to drop the course, you must officially drop the course through the
             Records Office to receive a WD (withdrawal), otherwise, you may receive an F.
             Remember, just because you have stopped coming to class does not mean you
             have officially dropped the course.

Disability

            If you have a disability or acquire one, you may be entitled to receive
             individualized services and/or accommodation intended to assure you an equal
             opportunity to participate in and benefit from the program. To receive more
             information, please see me.


                       THIS SYLLABUS IS SUBJECT TO CHANGE




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