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What We Don't Teach in Trial Advocacy: A Proposed Course in Trial Law.

J. Alexander Tanford

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Abstract

For several years I have been teaching a course called Trial Law and Procedure.This is not a simulation course in trial advocacy.It is a traditional classroom offering in which students read and discuss a collection of cases, materials, and problems that focus on the jurisprudence, principles, and doctrines of trials. 1 To my knowledge, no other law school regularly offers a basic trial law course.2 This is a curious deficiency, given the centrality of the trial to our conception of the legal universe.In this article, I will explain why I think a trial law and procedure course would be a useful addition to the crowded curriculum.I. Why Teach Trial Law?Just because one could put together a set of cases and materials on trial law does not necessarily mean it is useful to teach such a course.We do not teach every conceivable legal subject.3 We assume (somewhat optimistically) that our graduates will have the basic research skills to go to the library and find their own cases and materials.We also assume (even more optimistically) that they will have learned to think critically enough about law and legal institutions that they can teach themselves subjects not covered in law school, such as the law of salmon farming.4 I think there are, however, two

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For several years I have been teaching a course called Trial Law and Procedure.This is not a simulation course in trial advocacy.It is a traditional classroom offering in which students read and discuss a collection of cases, materials, and problems that focus on the jurisprudence, principles, and doctrines of trials. 1 To my knowledge, no other law school regularly offers a basic trial law course.2 This is a curious deficiency, given the centrality of the trial to our conception of the legal universe.In this article, I will explain why I think a trial law and procedure course would be a useful addition to the crowded curriculum.I. Why Teach Trial Law?Just because one could put together a set of cases and materials on trial law does not necessarily mean it is useful to teach such a course.We do not teach every conceivable legal subject.3 We assume (somewhat optimistically) that our graduates will have the basic research skills to go to the library and find their own cases and materials.We also assume (even more optimistically) that they will have learned to think critically enough about law and legal institutions that they can teach themselves subjects not covered in law school, such as the law of salmon farming.4 I think there are, however, two

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Available abstract

For several years I have been teaching a course called Trial Law and Procedure.This is not a simulation course in trial advocacy.It is a traditional classroom offering in which students read and discuss a collection of cases, materials, and problems that focus on the jurisprudence, principles, and doctrines of trials. 1 To my knowledge, no other law school regularly offers a basic trial law course.2 This is a curious deficiency, given the centrality of the trial to our conception of the legal universe.In this article, I will explain why I think a trial law and procedure course would be a useful addition to the crowded curriculum.I. Why Teach Trial Law?Just because one could put together a set of cases and materials on trial law does not necessarily mean it is useful to teach such a course.We do not teach every conceivable legal subject.3 We assume (somewhat optimistically) that our graduates will have the basic research skills to go to the library and find their own cases and materials.We also assume (even more optimistically) that they will have learned to think critically enough about law and legal institutions that they can teach themselves subjects not covered in law school, such as the law of salmon farming.4 I think there are, however, two

Key concepts: Course (navigation), Legal education, Law, Political science, Higher education, Sociology, Psychology, Engineering

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