B546 ADVANCED TRIAL PRACTICE


Prof. J. A. Tanford
Contact Prof. Tanford at
tanford@indiana.edu





REQUIRED MATERIALS
1) The required textbook is Tanford, The Trial Process: Law Tactics and Ethics.

2) In addition to the textbook, you will need the Supplement called Trial Practice Problems and case Files
3) A copy of the
Federal Rules of Evidence






SYLLABUS


1. First week. Thu., Aug 24 -- Introduction
No assignment


2. Weeks 2-3. REVIEW OF BASIC TRIAL ADVOCACY
a. Refresh your memories about basic trial advocacy by reading sections 1.07, 2.04, and 2.07.
b. Prepare your part of the trial in State v. Richard Hunter (
assignments are here), referring as necessary to the chapters on opening statement, direct examination and cross-examination.
c. Fri. Sep 8 - Sat. Sep 9: Conduct first trials. Note that each person was assigned to play a witness role in addition to your attorney role. You will play that witness so your classmates can conduct a direct and cross. You will receive feedback on your basic advocacy and skills.


3. Week 4. MAKING YOUR PERFORMANCES MORE EFFECTIVE
a. Read "
The 20 Basic Principles of Effective Trial Advocacy "
b. Rework one of your performances from the Hunter trial, consciously incorporating as many of the principles as you can.
Assignments are here.
c. Class Thur Sep. 14. Performances and discussion.


4. Weeks 5-7. TRIAL LAW AND ETHICS.
a. For Thursday, Sep 21, read law and ethics sections of chapters on jury selection, and opening statements. Class discussion.
b. For Thursday, Sep. 28, read law and ethics sections of chapters on objection,s direct examination, and cross-examination. Class discussion.
c. For Thursday, Oct. 5, read law and ethics section of chapter on closing argument. Class discussion and in-class test on law and ethics of trial procedure.


5. Weeks 8. SECOND CASE. KESLER v BURNSIDE
a. For Oct 12, we will work on case theory and planning an opening statement. Read 2.04 and chapter 4. Bring a written outline of an opening statement for the Plaintiff in Kesler v. Burnside (case file B).
b. For Oct. 26, we will work on direct examination and handling exhibits. Read chapter 6. Bring a written outline of the direct examination of Susan Kesler. You must incorporate at least one exhibit.
c. For Nov. 2, we will work on cross-examination. Read chapter 7. Prepare the cross-examination of Judy Larson. To see what her direct examination would look like, see Problem G-10, page 23, in the Problems and Case Files Supplement. Write out your questions and bring a copy to turn in.
d. For Nov. 9, we will work on closing argument. Read chapter 9. You must divide your argument into both an opening and a final argument. Prof. Tanford will present the argument for the defense.


Weeks 8-12. THIRD TRIAL. Prepare for final trials, cases and sides to be assigned.