TRIAL PRACTICE AND THE LAW OF EVIDENCE LGL 217

INTRODUCTION

Introduces civil and criminal evidence; kinds, degrees and admissibility of evidence; methods and techniques of its acquisition. Emphasized Virginia and federal rules of evidence. Focuses on a trial and the various problems associated therewith.

OBJECTIVES

1. To give the student an thorough understanding of both criminal and civil litigation procedure, including the drafting of pleadings, pretrial motions and discovery rules.

2. To give the student a basic understanding of the various elements of a trial, both civil and criminal.

3. To give the student a thorough understanding of the various kinds of evidence and rules of admissibility.

4. To give the student a basic understanding of the underlying philosophy of the rules of evidence as well as the various techniques for the preservation and admission of different types of evidence.

APPLICABLE TEXTBOOKS

There is no textbook required for the this class. Notes for the class can be downloaded from my website.

MAJOR TOPICS TO BE COVERED

Principles of litigation, causes of action, remedies and defenses; pleadings, third-party practice, discovery and trial preparation; trial and post-trial relief; evidence, substantive and impeaching; character evidence; witness competency; presumptions and inferences; judicial notice; scientific evidence.

COURSE REQUIREMENTS

1. Each student must attend at least 13 of the 16 regular class sessions.

2. Each student must take both quizzes and the examinations.

GRADING

A: 90-100

B: 80-89

C: 70-79

D: 60-69

F: Below 60

WEEKLY COURSE OUTLINE

Class #1: Introduction

Class #2: Litigation and jurisdiction

Class #3: Preliminary considerations in accepting a case, interviews, and initial pleadings

Class #4: Service of process, responses to pleadings --- QUIZ #1

Class #5: Motions, discovery and depositions

Class #6: Interrogatories and other pretrial motions

Class #7: Settlements and elements of the trial; appeal procedure

Class #8: Mid-term examination

Class #9: Introduction to evidence

Class #10: Witnesses

Class #11: Impeachment and support

Class #12: Character, competency, privilege; QUIZ #2

Class #13: Presumptions and inferences

Class #14: Circumstantial evidence

Class #15: Hearsay and judicial notice

Class #16: Final examination