The class follows the preparation and production of a hypothetical yet intricate civil or criminal trial, including allowing students to research the issues to be addressed, drafting opening and closing statements, and practicing direct and cross examination of witnesses. Other topics taught are
- Persuasive oral advocacy
- The rules of evidence
- Jury psychology
- Legal ethics
Students review and analyze legal briefs and court cases and learn to argue a position, even if it is different from their own.
The course is an introduction, too, to what lawyers do that considers the positive and negative aspects of the U.S. court system, asks what it might mean for justice to prevail in that system, and confronts the hard fact that justice does not always prevail. For example, the need for due process and the satisfaction of the burden of proof mean that facts, even if known, do not necessarily dictate an outcome. In thinking about how we should live together, students must recognize and confront these conflicts. In this respect the course touches not only on fundamental questions about justice but also on the question “what will I do?”