Prof. J. A. Tanford
Fall 2006
Contact Prof. Tanford at tanford@indiana.edu
General course information is on the class home page, click here .
Last updated: Nov. 6, 2006
1. Thu., Aug 24 -- Introduction
No assignment
2. Mon., Aug. 28 -- Preliminary matters: trial judges, courtroom etiquette, zealous advocacy, and fair trials
Read pages 1-37, 232-35, 248-50, 287-90
Read " The Ethics of Evidence "
3. Thu. Aug. 31 -- Picking a jury, opening statements, objection procedure, direct examination
Read pages 85-118, 147-161, 179-84, 192-99, 201-16, 243-48, 423-26
4. Mon. Sep 4 -- Cross examination
Read pages 277-96
5. Thu. Sep 7. Closing argument and verdict; test on rules of trial procedure
Read pages 373-94, 417-36
Make sure you have read all pages assigned for classes 2-5. Some pages may have been added since you did the readings originally.
You will select your time slots for performance sections and first trials toward the end of class.
Your assignment for the next two weeks is:
Read pages 37-42, 52-54, 64-66
Read " The 20 Basic Principles of Effective Trial Advocacy "
Prepare to conduct your part of the trial of State v. Hunter (case File A). Your specific assignment (along with the date and time of your trial) is posted here .
6. Mon., Sep. 11 -- No class. Work on preparing your part of the trial
7. Thu. Sep. 14 -- We will go over what you have prepared for State v. Hunter, and discuss the basic principles of advocacy in the context of that trial. Be prepared to be called on to explain how you will incorporate each of the 20 basic principles of advocacy into parts of your trial -- you must have at least an outline of what you plan to do prepared before class.
8. Fri. Sep 15 - Sat. Sep 23: 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 from 3-L students on the Trial Competition team.
9. Mon. Sep. 25. Case Theory
Re-read Section 2.04 (52-54).
Prepare a written case theory for the Plaintiff in Kesler v. Burnside (case file B). Bring a copy to class to be turned in
10. Thu. Sep. 28. Planning an opening statement (2-hour class)
Read pages 147-74
Prepare a written opening statement for the plaintiff in Kesler v. Burnside. Bring a copy to class.
11. Mon. Oct 2. No class.
12. Thu. Oct. 5. Conducting an opening statement
Read pages 174-78
Revise your opening statement based on Monday's class
Come prepared to perform parts of your opening in class
13. Fri. Oct 6 - Sun Oct. 8. Opening statement performance sections. Every student performs his or her opening statement and receives critique from three members of our trial competition team. Click here to see the list of sections .
14. Mon. Oct. 9. Direct examination planning and preparation
Read pages 201-43.
Prepare a written outline for the direct examination of Susan Kesler. Bring a copy to class.
15. Thu. Oct. 12. Conducting direct examination
Read pages 243-55
Revise your direct examination based on Monday's class
Come prepared to perform parts of your direct examination in class
16. [to be scheduled] Direct examination performance sections. Every student conducts a direct examination of Susan Kesler. Take turns playing the role of Kesler. Because of fall break, this performance section can be held at any time convenient to the group, including the week after fall break, but must be completed before the cross-examination performances.
FALL BREAK
17. Mon. Oct. 23. Cross-examination planning and preparation
Read pages 277-316
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.
18. Thu. Oct. 26. Conducting cross-examination
Re-read pages 309-316. Read 316-329.
Revise your cross-examination as necessary, and come to class (room 219) prepared to perform parts of it.
19. Fri. Oct 27 - Sun Oct. 29. Cross-examination performance sections. Every student conducts the cross-examination of Judy Larson.
20. Mon. Oct. 30. Closing argument planning and preparation
Read pages 373-408
Prepare the closing argument for Susan Kesler. You may divide your argument between opening and rebuttal any way you want. Prepare a written outline (or a
full argument if you prefer) and bring a copy to class to turn in.
21. Thu. Nov. 2. Conducting closing argument.
Read pages 408-415.
Revise your argument as necessary, and come to class (room 219 if it is accessible) prepared to perform parts of it.
NOTE: WE WILL SCHEDULE FINAL TRIALS DURING THIS CLASS. ANYONE NOT HERE WILL GET LAST CHOICE.
22. Fri. Nov. 3 - Sun Nov. 5. Closing argument performance sections. Every student performs his or her closing argument.
23. Mon. Nov. 6. No class.
24. Thu. Nov. 9. Handling Exhibits
Read 255-75.
Problems E-3, E-7, E-11, E-15, E-18 (pages 14-16 in supplement)
25. Thu. Nov. 16 - Sun. Nov. 26. Final trials
Click here for schedule and assignments
Click here for instructions
Click here for grading criteria for opening statements, direct and cross examination, and closing arguments.