Trial practice
Encyclopedia
Trial practice is an upper level course offered in most American law school
s designed to teach future litigators the fine points of presenting a case to a judge
and jury
. Unlike most law school courses, a trial practice class has very little discussion of substantive law
, and is focused on the practical application of public speaking
, narrative
, and using body language
to communicate a particular set of events to the triers of fact. Trial practice also contains elements of strategy
, teaching students how to decide the order in which witnesses should testify, when exhibits should be introduced, and how to trap opposing witnesses into giving testimony that damages their side.
Evidence
is the area of substantive law most reinforced by a trial practice course, with students learning how to apply evidence law in a real-life setting, including learning when they can object to questions asked of witnesses, what objections to raise, and how to effectively present objections.
Trial practice courses may have a classroom component. Also, trial practice courses will usually have an ongoing "lab" component where an attorney will instruct a small group of students on trial skills and assist them in honing their craft. Often, students practice against one another in mock trial
s throughout the course; for example, students may be divided into groups of 4, with each group containing two teams who practice against one another in mock trials.
Rather than a final exam, the course may culminate in a mock trial with volunteer "witnesses".
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
s designed to teach future litigators the fine points of presenting a case to a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. Unlike most law school courses, a trial practice class has very little discussion of substantive law
Substantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...
, and is focused on the practical application of public speaking
Public speaking
Public speaking is the process of speaking to a group of people in a structured, deliberate manner intended to inform, influence, or entertain the listeners...
, narrative
Narrative
A narrative is a constructive format that describes a sequence of non-fictional or fictional events. The word derives from the Latin verb narrare, "to recount", and is related to the adjective gnarus, "knowing" or "skilled"...
, and using body language
Body language
Body language is a form of non-verbal communication, which consists of body posture, gestures, facial expressions, and eye movements. Humans send and interpret such signals almost entirely subconsciously....
to communicate a particular set of events to the triers of fact. Trial practice also contains elements of strategy
Strategy
Strategy, a word of military origin, refers to a plan of action designed to achieve a particular goal. In military usage strategy is distinct from tactics, which are concerned with the conduct of an engagement, while strategy is concerned with how different engagements are linked...
, teaching students how to decide the order in which witnesses should testify, when exhibits should be introduced, and how to trap opposing witnesses into giving testimony that damages their side.
Evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
is the area of substantive law most reinforced by a trial practice course, with students learning how to apply evidence law in a real-life setting, including learning when they can object to questions asked of witnesses, what objections to raise, and how to effectively present objections.
Trial practice courses may have a classroom component. Also, trial practice courses will usually have an ongoing "lab" component where an attorney will instruct a small group of students on trial skills and assist them in honing their craft. Often, students practice against one another in mock trial
Mock trial
A Mock Trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or...
s throughout the course; for example, students may be divided into groups of 4, with each group containing two teams who practice against one another in mock trials.
Rather than a final exam, the course may culminate in a mock trial with volunteer "witnesses".
External links
- "Free Trial Advocacy Tips for Trial Lawyers" Winning Trial Advocacy Techniques blog