How to Try a Jury Case Intelligently

This course studies the jury at a critical moment in American history. Jury trials are vanishing, and juries have been the subject of sustained critiques at all levels – from the theoretical to the practical. This course answers these critiques by teaching how to conduct a jury trial that responds to these concerns. This class will investigate why jury trials in civil cases are vanishing, debate whether this trend is good or bad, and learn and develop techniques for removing the most common objections to trial by jury. It will focus on how to try a case to a jury using innovative techniques. Each class is framed around a long-standing, traditional criticism of the jury. These criticisms are then used as a mechanism to discuss and develop practical responses. The class will also spend time at the courthouse observing jury assembly and selection and debriefing juries. actively in discussions. In addition, you are required to submit two pieces of original research and conduct one demonstration: First, you are required to submit a two-page factsheet distilling information about the jury in America. These factsheets must be annotated and sourced providing up-to-date information about the jury today. For, example you could create a fact sheet about the number of civil juries in America, or the level of damage awards for particular cases, or the cost of jury trials, etc. The goal is to distill the factual reality of jury trials in America in an understandable and visual format. Second, you are required to submit a ten (10) page argument responding to one of the traditional criticisms leveled at the jury. These criticisms will frame our weekly discussions and are set forth in the syllabus. Your ten page argument can be in the form of a legal brief or closing argument, demonstrating (with appropriate citation) why your argument is correct. Your assignment will be evaluated by its level of substantive research, persuasiveness, professionalism, creativity, and clarity. Finally, you will be asked to demonstrate, for no more than 10 minutes one of the following: voir dire of a jury panel, arguments to the judge about adopting one of the agreements contained in my Trial Agreements, argument to the court over the content of appropriate jury instructions at start of trial, cross-examination of an adverse witness, or interim jury argument with demonstrative slides.

Course Code: LAW-LW.12461.001 Semester: Fall 2015 Type: Simulation Course Course Topics:

• Civil Procedure
• Lawyering and Simulation
• Torts and Insurance

Credits: 2

Prerequisite(s): A desire to try jury cases Corequisite(s): None Recommended: None If different for LLM students, please explain: n/a Mutually Exclusive with: None Is permission of the instructor required to register?

Credit/Fail Option (For JD Students Only) Will this course be available to JD students on a credit/fail basis? Yes

Examination Procedures Will there be an examination in the above course? No Will there be a midterm exam in the above course? No

Writing Requirements Is there a substantial writing option or requirement? n/a

A Taught by a member of the adjunct faculty. This course will count towards the towards the pool of 31 non-classroom credits for non-classroom and adjunct credits for J.D. students, except for tax courses taken by students in the joint J.D./LL.M. tax program.Sim Please note as of the Fall 2016 semester this footnote has the following definition: ABA Standard 304(a) defines the term “simulation course” as a course that provides “substantial experience not involving an actual client, that (1) is reasonably similar to the experience of a lawyer advising or representing a client or engaging in other lawyering tasks in a set of facts and circumstances devised or adopted by a faculty member, and (2) includes the following: (i) direct supervision of the student’s performance by the faculty member; (ii) opportunities for performance, feedback from a faculty member, and self-evaluation; and (iii) a classroom instructional component.”