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| Evidence/Trial Advocacy Integrated Course Description |
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| Saturday, 02 December 2006 | |
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I. Course Description II. Course Methodology This course will consist primarily of lecture, dialogue, and class discussion. I shall call randomly on students as well as request volunteers. You, of course, need to be thoroughly prepared for each class. Class participation is graded such that it possibly can raise or lower your final grade by half a letter (i.e., a "B+" can be raised to an "A-", or vice-versa, based on the quality and quantity of class participation, or lack thereof). Attendance is a factor considered in your class participation grade (see below). The casebook for this course is actually a combination of cases, commentary, and problems. Thus, we will read and consider many problems and hypothetical situations, not just cases. The arguments you develop and the time you spend preparing the problems and manipulating the rules may be more significant than the time and effort you spend discerning legal principles from the edited cases. Finally, note that the Federal Rules of Evidence (and the corresponding Advisory Committee Notes) are contained in the “Rulebook” accompanying the casebook (see “Reading Materials” below). III. Integration with Your “Trial Advocacy” Course This course is designed to be integrated with your Trial Advocacy course. Professor Cary Bricker will be teaching the Trial Advocacy course and she will be explaining the schedule and expectations for the Trial Advocacy course. We have coordinated our coverage of Evidence and Trial Advocacy so that what you learn in each course will be reinforced by the other course. For example, the law learned in Evidence will be mastered in your Trial Advocacy exercises and your Trial Advocacy skills will be enhanced because you will not have to spend as much time in Trial Advocacy trying to learn or re-learn the applicable rules of Evidence and thus more time can be spent perfecting trial skills. Professor Bricker and I also will be monitoring what is going on in both courses so that we are fully aware of your overall coordinated progress and we are aware of how the material in both courses is being exposed to students. We believe that your performance and learning will be enhanced in both courses due to the integration of these two naturally overlapping courses. Our class size of only 48 students (broken down in to four groups of twelve for Trial Advocacy meetings) is smaller by design so that more individual attention can be paid to students and so that we can better monitor your respective progress. The following is the course catalog description for the integration of the two courses: Integrated Evidence/Trial Advocacy Course Description This integrated course for second-year day and third-year evening students coordinates a full-year Evidence class with a half-year Trial Advocacy skills class. In Trial Advocacy students learn how to analyze a trial file, construct a case theory, and practice all phases of trial. At the end of the course students conduct a full-day jury trial. In Evidence students learn how to analyze admissibility issues under Federal and State Rules of Evidence and work through evidentiary issues concurrently with issues raised in their skills classes, such as making and meeting objections, articulating offers of proof, and learning evidentiary foundations. The concurrent study of evidentiary issues with their practical application in the trial setting is designed to reinforce understanding of evidence in context. Students will learn the substantive law of evidence . . . and how to use that law effectively in the courtroom. . . The Integrated Course satisfies the requirement of Evidence, earning students 5 units for Evidence, and qualifies as an elective earning 3 credits for Trial Advocacy. Students who enroll in the combined course must take and complete all 8 units. (Evidence, Graded; Trial Advocacy, Optional -- Graded/Pass-Fail) IV. Schedule and Attendance Regular and punctual attendance is required. We will meet once a week on Monday evenings. Class will begin precisely at 6:15 p.m., and continue until 9:00 p.m. (there will be a 15 minute break from 7:45-8:00). Please be punctual as any student who arrives after class has begun is not only disruptive to other members of the class but that student may be marked absent. Please sign the sign in sheet that will be distributed in each class. Excessive absenteeism will be noted and may result in a lowering of your grade or may even result in failure. Please understand that if you are, or plan to be, absent, you do not need to provide me with an excuse as I already will assume you have a very good reason for missing class, but please also understand that such absences will still be recorded, no matter what the reason. You must come to class just as you will have to go to court or show up at your office when you are an attorney – punctual attendance is therefore part of your class participation assessment. A seating chart for the semester will be distributed during the first class session so please determine where you would like to sit during the first class. Please note that I use the screens just above and behind me for computer images in every class. Finally, please try to refrain from getting up and leaving for short periods during class. I realize that you are busy and stretched for time but please turn off your cell phones (or do not even bring them to class) so they do not go off during class. These individual unscheduled breaks and cell phone interruptions can be disruptive to your classmates. Also, please use your laptop computers responsibly so that they are not disruptive to your classmates during class. V. Course Grading Your final grade will bases on the following three (3) areas: A. Multiple Choice Quizzes (10%) During the semester, we will have six (6) short, in-class, multiple choice, bar exam-type quizzes. These quizzes will be especially valuable to you during the semester because they will give you continuous feedback on how well you are understanding the material. The quizzes will count toward your final grade, but each quiz will be worth only 2% of your final grade (my aim is to make the quizzes worth enough points to ensure that you take them seriously, but not enough points to affect your final grade significantly). The lowest score of the six quizzes will be thrown out, so your top five (5) quizzes together will constitute ten percent (10%) of your final grade (5 quizzes x 2% each = 10% of final grade). B. Mid-Term and Final Exams (90% -- 30% (Mid-Term) & 60% (Final)) On December 8th, 2007 we will have a Mid-Term exam and on May 6th, 2008, we will have a final exam. These exams will include a mix of essay and short answer questions. The Mid-Term Exam will be a closed-book exam (no notes); however, a copy of the Federal Rules of Evidence will be provided if you need to consult them (like you would be able to do in court). Also, the final exam will be based on an involved hypothetical factual situation (complete with photographs, documents, and proposed exhibits) that you will be given weeks before the exam. You will have ample time to prepare the factual situation as if the final exam were a trial. The Mid-Term exam will be worth thirty percent (30%) of your final grade and the Final exam will be worth sixty percent (60%) of your final grade (again, the quizzes will be worth a total of 10% of your final grade). On the essay portion of the exams, maximum credit will be given to those answers which both identify the problems posed in a comprehensive fashion and demonstrate a thorough, effective and balanced analysis of how those problems could and should be solved. Less credit will be given to those answers which state "stream of consciousness" opinions or unsupported conclusions, or which simply recite basic principles of law from hornbooks or commercial outlines without applying those principles to the facts. In no event shall any grade be changed on the exam except to correct a mathematical or clerical error. C. Class Participation (1/2 Letter Grade Adjustment) Finally, as alluded to earlier, I reserve the right to make a possible half-letter adjustment (either a half-letter increase or decrease) to your final grade based on your class participation, or lack thereof. I consider good class participation to be, at a minimum, punctual attendance and a thorough understanding of the case or hypothetical at issue, the ability to articulate that understanding in a precise, effective, and persuasive manner, and the ability to consider further policy implications of the issues at hand and persuasively articulate those implications in class. V. Course Materials The REQUIRED texts for this course are the following and are available in the bookstore: (1) David A. Slansky, Evidence: Cases, Commentary, & Problems, (Aspen Publishers, 2003) (“The Casebook”). (2) David A. Slansky, Federal Rules of Evidence & Case Supplement, (Aspen Publishers, 2007). (“The Rulebook”). The Rulebook should be consulted when doing your reading assignments whenever rules are referred to in the reading. (3) Fred Galves, Evidence: Introduction and Overview — (“The Intro & Overview”). To be read during the first few class sessions as well as to be consulted during the year. This provides a “big picture” of the Law of Evidence. RECOMMENDED texts (available in the bookstore) are: (1) Arthur Best, Evidence: Examples & Explanations, (Aspen Pub.) (contains good hypos so that you can study “actively;” and good for use in your study group). (2) Charles B. Gibbons, A Student’s Guide to Trial Objections Also, please note that I distribute a class outline for each class on “TWEN” (the course webpage, see below) through my website (www.fredgalves.com, see below). These class outlines setting forth the topics and cases we will cover for that class will help you to organize your class notes (you can print them or download them and use them as cover sheets for that particular day’s class notes). The class outlines will inform you where we will begin the next class in case we ever fall behind schedule so you always know right where we are in the course coverage. VI. Web Page on “TWEN”. We will have a WEB Page (on “TWEN”) for Evidence. The TWEN page for Galves’ Evidence/Trial Ad Integration will contain my class assignments, class outlines, class announcements, computer exercises, and other pertinent information, and perhaps most useful for you during the semester, a discussion room for you to leave questions or comments for me, as well as other class members. Also, actual judges and attorneys will be “virtual classroom participants” so occasionally they can respond to your comments and leave comments of their own for your consideration. My hope is that we can have an interesting and helpful discussion and interaction OUTSIDE of the classroom via the TWEN page. Please understand, however, that the web site should not be used to ask questions without first trying to determine the answer on your own. Although I plan to react to your comments, I will not simply be an “information giver” and supply information you may have missed from not attending class. I hope more than anything else that you SPEAK TO ONE ANOTHER and attempt to answer each other’s Evidence questions and concerns. If you do not have a personal computer, you can access the page in the library or computer center. My personal e-mail address is “ This email address is being protected from spam bots, you need Javascript enabled to view it ,” but please use the TWEN WEB page for any Evidence questions you may have so that other students can share their ideas and reactions to your questions and comments. Also, even if you do not have any specific questions, please access the page every week so that you can see/read what other students are asking and saying, and see how I am responding, etc. Note that students who consult the TWEN page often realize they do not understand some aspect of Evidence law that they previously thought they did understand, but had never asked. VII. Website: “www.fredgalves.com”. I have a website for students, professors, lawyers, judges, and any other persons interested in the law. There will be a link on the Website to the TWEN site under the “Classes” item on the left-hand side menu, Just click on “Evidence/Trial Advocacy” and then you will be on the page for this class, there will be a link to TWEN from there. There are many articles and helpful items on the website that you may find useful. Please feel free to explore the site, but I direct you specifically to the “Links” item on the left-hand side menu for helpful Evidence/Trail Advocacy links and academic resources. In addition to checking my Website, you can access our TWEN page where there will be the class outlines and assignments for the next class (Please also see the “Syllabus” and the “Calendar” features on the TWEN page). When you sign up for TWEN, please make sure to use your correct, current, accessible e-mail address so you will be notified when new postings are made; if not, then you will have to constantly be checking TWEN to see if anything new has been posted. VIII. Office Hours. My office is located in the Courtroom building across from the Admissions Office (note that it is NOT in the main faculty building) My office telephone number is (916) 739-7117. The following are my office hours for fall, 2007: Mondays 4:00 p.m. - 5:00 p.m. Tuesdays 1:00 p.m. - 2:00 p.m. Wednesdays 3:30 p.m. - 5:00 p.m. Thursdays 1:00 p.m. - 2:00 p.m. Also, I usually shall be available by appointment. Please feel free to come by my office anytime, often I will leave my door open and we can chat. Make sure to take advantage of office hours – Professor Bricker’s office is located right next to mine in the Courtroom so your visits may end up being very efficient if we are both present. VIII. First Three Assignments for the Course: Note: Please look to TWEN for your reading assignments for the rest of the year. You already should have the books and materials for the first assignment. 1. Monday, Aug. 13 INTRODUCTION TO THE LAW OF EVIDENCE -- PART 1; - Galves, Intro & Overview PP. 1-7 (to Art. I). - Slansky, Casebook PP. 1-13 (Chapter 1). - Galves, Intro & Overview PP. 7-39 (Art. I to Art. V). 2. Monday, Aug. 20 INTRODUCTION TO THE LAW OF EVIDENCE -- PART 2; - Galves, PP. 39-90 Intro & Overview (from Art. V. to “Simultaneous Application of All the Rules”). 3. Monday, Aug. 27 INTRODUCTION TO THE LAW OF EVIDENCE -- PART 3; - Galves, PP. 99-124 Intro & Overview (from “Simultaneous Application of All the Rules” to End). - THERE WILL BE A MULTIPLE CHOICE QUIZ AT THE END OF CLASS WORTH 2% OF YOUR FINAL GRADE COVERING THE FIRST THREE WEEKS |
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| Last Updated ( Thursday, 09 August 2007 ) |
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