Trial Practice Lecture Syllabus revised - Fall 08

							                  TRIAL PRACTICE - Fall Semester 2008
                Professor White, Room 135, 974-6830, pwhite4@utk.edu

COURSE OBJECTIVES:
The purpose of the Wednesday lectures and demonstrations is to give students an
explanation and preview of what they are expected to do in their Trial Practice Skills
Sessions the following week.

COURSE MATERIALS:
       Mauet, Trial Techniques (7th. ed.) (referred to as AMauet@ )
       Materials as posted on the course website

COURSE REQUIREMENTS:

Attendance and Preparation:
Students are required to attend each class and each special presentation, having read the
assigned materials, and ready to participate in the discussion or demonstration. Class
attendance is mandatory. Roll will be taken at each class. Absences will be taken into
account by the skills session professors in awarding grades. Students who violate the class
computer and electronic device policy, listed below, may be counted absent or have points
deducted.

Students are also required to check their UT Law email account and the course posting site
each week for messages and handouts related to the class. Handouts will not be distributed
in class.

Reading Assignments:
The reading assignments include readings from the course text and other posted materials.
The text readings are the same readings assigned the following week in the individual Trial
Practice Skills Sessions. Students should read the assigned text in advance of the
Wednesday classes and review it while preparing for their individual weekly Skill Sessions.
The text includes numerous helpful examples, which are indicated after each required
reading.

Policies:
All policies of the UT College of Law regarding attendance, academic integrity, and student
conduct apply to this course.

In addition, use of a laptop or other electronic device during class for purposes other than
taking notes, securing information that is specifically requested by the instructor, or
participating in class exercises is disallowed; students violating this policy may be asked to
leave the class and counted absent for the class. In addition, the student’s class attendance,
preparation, and participation grade will be diminished as appropriate.

Class Meetings:
The class meets each week on Wednesdays at 11:15 p.m. in Room 135, except as noted.
There are two special presentations, both during the free hour, which are also required.


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       SCHEDULE OF TRIAL PRACTICE LECTURES, DEMONSTRATIONS, AND ASSIGNMENTS

Date                        Topic                                    Reading

AUGUST 20                   DEVELOPMENT OF CASE                      MAUET, 13-29
                            THEME & THEORY                           MAUET, 490 – 495

                            DEVELOPING THEORY, PROBLEM 1             POSTED

Each student will be asked to identify a case theory and theme in the case of NITA Liquor
Commission v. Cut-Rate Liquors & Jones, Problem 1.
Students with last names beginning with A – L should identify themes and theories on
behalf of NITA Liquor Commission; students with last names beginning with M – Z should
identify themes and theories on behalf of Cut-Rate Liquor.

        NOTE: Immediately following class there will be a “Welcome to the
        Advocacy Concentration” reception for you and your skills instructors
        outside of Room 135. Lunch will be provided for you.

AUGUST 27                   DIRECT EXAMINATION                       MAUET, 97-120;
                                                                     165 - 168; 503-504
                            REFRESHING RECOLLECTION                  MAUET, 148 - 150

              (Examples of Direct Examination, Mauet, 120-160)

SEPTEMBER 3                 CROSS EXAMINATION                        MAUET, 251 - 277;
                                                                     508- 511

SEPTEMBER 10                EXHIBITS AND DEMONSTRATIVE               MAUET, 169 - 219;
                            AIDS                                     243 - 249

              (Much of these materials are examples of various foundation requirements)

SEPTEMBER 17                OBJECTIONS                               MAUET, 447 - 481

SEPTEMBER 24                MOTIONS IN LIMINE                        MAUET, 448 - 449

SEPTEMBER 24        12:20 – 1:05 FREE HOUR (with lunch) ROOM 135
    SPECIAL PRESENTATION: USE OF TECHNOLOGY IN THE COURTROOM

OCTOBER 1                   IMPEACHMENT (OTHER THAN BY               MAUET, 277 - 285;
                            PRIOR INCONSISTENT STATEMENT)            297 - 311

OCTOBER 8                   IMPEACHMENT (BY PRIOR                    MAUET, 285 - 297
                            INCONSISTENT STATEMENT)

OCTOBER 8           12:20 – 1:05 FREE HOUR (with lunch) Room 135
      SPECIAL PRESENTATION: ACT OF COMMUNICATION PRESENTS
             “WHAT LAWYERS CAN LEARN FROM ACTORS”


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OCTOBER 15         OPENING STATEMENTS                        MAUET, 61 - 85;
                                                             495 - 497
             (Examples of opening statements – Mauet, 85 - 95)

OCTOBER 22         CLOSING ARGUMENTS                        MAUET, 387 - 416

             (Examples of closing arguments – Mauet, 416 - 445)

OCTOBER 29   PRETRIAL CONFERENCES                           MAUET, 483 - 490;
             AND TRIAL PREPARATION                          219 - 243; 495 - 497;
                                                            500 - 511; 524 – 525




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