Graduate Courses in Litigation & Dispute Resolution

6675   Advanced Trial Advocacy (3)   Winston, Wright

Conduct of a simulated civil, criminal, or administrative trial before a jury or judge. Students learn to present persuasive opening statements and closing arguments and to conduct forceful direct and cross-examination of fact witnesses and experts. Ethical, evidentiary, procedural, and substantive aspects of litigation. Practical solutions to typical problems litigators encounter in the presentation of a case. At the conclusion of the course, students undertake the trial of a simulated case from opening statement through jury deliberation before a judge or very experienced litigator. Enrollment is limited. Open only to LL.M. students. (Simulation)

6676   Mediation and Alternative Dispute Resolution (3)   Sellers

An introduction to alternative dispute resolution, with a focus on the many ways in which ADR can be used effectively by the advocate. Issues include determining whether ADR is appropriate in a given case, the timing of an ADR process, and the type of process that should be used. The role of the advocate during a mediation or other dispute resolution process, e.g., the selection of the neutral, preparing for a mediation, and the advocate’s participation in the mediation itself. Emphasis on the mediation of civil cases, with a briefer discussion of the use of ADR in the criminal justice context. Enrollment is limited. Open only to LL.M. students. (Simulation)

6677   Pre-Trial Practice in Civil Cases (3)   A. Robinson, Rainey, Rhoad

Students are divided into simulated law firms and assigned roles that correspond to the pre-trial tasks lawyers routinely are called upon to perform in civil cases. The exercises begin with discovery, and students attend a Fed.R.Civ.P.26(f) meeting, dealing with required disclosures and other preliminary discovery matters. Students prepare discovery motions and responses, take and defend depositions, file dispositive motions, attend a pretrial conference, and prepare a joint pretrial memorandum. By the end of the course, each student will have simulated moving a case from the filing of a complaint to the eve of trial. Enrollment is limited. Open only to LL.M. students. (Simulation)

6678   Ethics in Adjudication and Settlement (3)   Borchini, Schaller

Ethical issues that come into play once disputes have arisen and litigation has either commenced or been threatened. The ethical rules that govern threats to sue and responses to such threats, and the rules that are important once litigation has commenced. Each class focuses on a hypothetical problem involving an ethical issue or set of issues. In each hypothetical, the lawyer’s duty to the client and to the court through role playing. Enrollment is limited. Open only to LL.M. students. (Simulation)

6679   Advanced Evidence (3)   Gilligan

How the rules of evidence can be used to build and present a case more effectively. Theory and philosophy of the rules of evidence; scope of attorney–client privilege in corporate and government litigation; joint defense agreements; vicarious admissions in civil and criminal litigation; hearsay; expert evidence; character evidence rules; motions in limine; impeaching witnesses; laying foundations; exhibits and charts; and the evidentiary difference between bench and jury trials. Enrollment is limited. Open only to LL.M. students. (Simulation)

6680   The American Jury (3)   Mott, Urbina

Focus on a variety of issues that arise in civil and criminal jury trials in federal and state courts. Topics include separating judicial from jury functions; the jury pool; the grand jury; jury voir dire; challenges for cause and peremptory challenges; scientific jury selection: jury instructions; verdict forms; presentation of evidence; jury nullification; improving juror participation; impeaching verdicts; and high-publicity trials. Enrollment is limited. Open only to LL.M. students. (Simulation)

6681   Negotiation and Conflict Management Systems Design (3)   Horn

Analysis of negotiation techniques, verbal and nonverbal communication, and other factors that influence interpersonal communication in a typical negotiation. Introduction to the theories, principles, and practices of organizational development and dispute systems design. Focus on strategies for designing systemic approaches to resolve a cluster or stream of disputes in particular organizations or institutions, including government agencies, educational and health care settings, corporations, and nonprofit organizations. The concept of “negotiating” with clients in order to develop effective conflict management systems. Enrollment is limited. Open only to LL.M. students. (Simulation)

6682   International Dispute Resolution (3)   Bowen

Development of complex dispute cases involving multiple parties. International case law and conventions, including jurisdiction, forum selection, comity, enforcement, and application and proof of foreign law. Students work in teams to prepare motions, gather evidence, interview and depose fact and expert witnesses, interview clients, develop and present opening and closing arguments, and conduct direct and cross examination of lay and expert witnesses. Simulation exercises include adjudication of disputes through role playing and preparation and participation in a mock trial. Enrollment is limited. Open only to LL.M. students. (Simulation)

6683   The College of Trial Advocacy (3)   Saltzburg

An intensive, six-day course focusing on trial simulation and role playing. A varying panel of experienced lawyers and judges discuss and demonstrate trial skills and ethics, and oversee and critique small-group simulations by students in making opening and closing statements and in conducting direct and cross-examination of experts and other witnesses. Enrollment is limited. Open only to LL.M. students. (Simulation)

6684   Pre-Trial Practice in Criminal Cases (3)   Weinberg

Students in this course are assigned alternating roles as prosecutor and defense counsel in order to simulate the pre-trial tasks lawyers routinely perform in criminal cases. Simulation exercises begin after the arrest of the suspect, with student–prosecutors conducting a preliminary investigation and student–defense counsels interviewing the defendant. Thereafter, students conduct and attend grand jury proceeding, arraignments, bail hearings, preliminary hearings, suppression hearings, plea bargaining sessions, and plea hearings before the trial judge. Students conduct discovery and file pre-trial motions and responses. By the end of the course, each student will have simulated moving a case from arrest to the eve of trial. Enrollment is limited. Open only to LL.M. students. (Simulation)

6685   Arbitration (3)   Falk

The arbitration process from making arbitration agreements to making and enforcing awards. Arbitration versus traditional civil litigation. Types of arbitrators and their selection. Procedural, evidentiary, and ethical rules in arbitration practice. Enrollment is limited. Open only to LL.M. students. (Writing assignments and oral exercises)


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