This course is designed for students returning to theschools mock trial team after competing in a prior academic year. This will be a pass/fail course limited to amaximum of four students (two teams of two students). To complete all the work listed below,students will be required to dedicate a minimum of 127.5 hours, thus earning 3academic credits, under the supervision of Prof. Van Dyke. Because there is noofficial seminar component, this course will not count for experientiallearning credit pursuant to ABA standard 304. Students will draft and finalizeat least two motions, each of which will be above 10 pages in length. Students will also lead a class discussion inwhich they will present the results of their research to the team. This course is designed to help returning mock trial teammembers take their trial advocacy to the next level. It will involve responsibilities above andbeyond the already-rigorous training schedule, comprised of 40+ hours ofexperiential learning. Applying thefederal rules of evidence, and federal caselaw, students in this class willdraft motions in limine on several of the major evidentiary issuesimplicated by the case problem used at the mock trial competition.The case problem alternates from year to yearbetween a criminal and civil case.Giventhat the students will have to try the case from both sides, they will be taskedwith drafting motions, seeking to admit or exclude evidence, from each of thosevantage points. This course adds an element of verisimilitude to the mocktrial process. The competition itself doesnot allow for the submission and argument of substantive written motions in limine. Nevertheless, it does require students tomake objections. The preparation ofthose motions will enable students to prepare for major evidentiary issues andmake more informed objections throughout the course of the trial. Specifically,this exercise will provide opportunities for learning and applying the rules ofevidence; how to make proffers about anticipated evidence; and how to returnto, and draw on, those same arguments throughout the course of the trial inresponse to developments at the trial. Participants in the senior mock trial team will improve theprospects of the team. First, they willhelp to create a culture in which the team welcomes back returningparticipants. This has been a recipe forsuccess for many other mock trial teams in our region. Second, by sharing their research with otherteam members, and modeling how to incorporate it into objections throughout thecourse of the trial, students in this course will help to improve theperformance of the team. Given thatthere are few in limine arguments at the competition, students will haveto make arguments on their feet at (constructive) side bars. They will be scored, in part, on how theycraft and pursue those objections. Forthis reason, the work done by the students in this course, which enables theteam to cite federal case law and make more sophisticated arguments, willimprove the teams prospects.
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