CMM 316
Legal Communication
Fall 2008
INSTRUCTOR: Dr. Barbara J. Tarter (tarterb@marshall.edu)
Main Office: Smith Hall 257 Main Office #: (304) 696-6786
Personal Office: Smith Hall 271 Office Phone: (304) 696-2700
Office Hours: M (1:00-2:30; 5:30-6:30)
T (3:30-4:30)
W (1:00-2:30; 3:30-4:30)
TH (3:30-4:30)* or by Appointment
*Fourth Thursday of Every Month is Faculty Senate
Class Section: Section 101 M (6:30-9:00) CRN - 1919
Classroom: Smith Hall 261
TEXT: Lubet, S. (2004). Modern Trial Advocacy: Analysis and Practice, Third Edition, Indiana: National Institute for Trial Advocacy.
COURSE OBJECTIVES
- To apply the principles of a variety of communication areas (See Chart on Page 8 of this Syllabus) to the legal process. .
- To foster a greater understanding of the many facets of the legal system.
- To enhance critical thinking and critical listening skills as they relate to the development of a legal case.
- To enhance writing skills through a focus on drafts and rewrites of assignments.
- To critically analyze a variety of legal cases to more effectively build a case through the use of persuasive and nonverbal communication.
- To develop public speaking skills as they relate to both the opening and closing statements of the assigned legal case.
- To better understand group communication as it relates to the jury process.
8. To explore the interpersonal relationships between the “players” of the legal process.
CLASS ASSIGNMENTS
DUE DATES: Assignments are due by midnight of the due date. If you choose to e-mail the assignment, please make sure that you receive a response indicating that the assignment has been received.
LATE ASSIGNMENTS: The semester will move very fast and it is difficult to stay on track unless you follow the syllabus closely. Assignments not received by the due date will be subject to a reduced grading scale. Assignments will not be accepted more than one class period late, without special permission from the instructor.
COPIES OF ASSIGNMENTS: It is a good college practice to always keep copies of your work, both before and after grading, in case the assignment is accidentally misplaced by the instructor. Sorry, we make mistakes too!L
ATTENDANCE: Attendance is required for the course. A student that misses one class actually misses the equivalent of an entire week of classes.
2 Unexcused Absences will result in one entire final grade reduction
A student that acquires 3 unexcused absences or that misses the equivalent of three weeks of class will receive a failing grade for the class.
*Please see the university catalog for the definition of excused and unexcused absences.
WRITING INTENSIVE: This course has been designated as a writing intensive class. As such, students may submit drafts for any of the written assignments including the potential test questions.
CLASSROOM RESPECT
Late Arrivals: Given the nature of the class, it is important that you arrive to class on time. Late arrivals can significantly distract the speaker resulting in an unfair grade for their performance. If you must arrive late during a performance day, please wait until the speaker has sat down before entering the classroom.
Cell Phones: Please make sure that all cell phones are turned off before class starts. If you have an emergency call that you are expecting, please let the instructor know prior to the start of class.
Text Messaging: Please refrain from texting others during class time. This is extremely distracting and disrespectful to the instructor and to other speakers who expect your attention.
ACADEMIC DISHONESTY
Plagiarism: Copying another’s work without proper citation of the source constitutes plagiarism. Plagiarism in any form will not be tolerated. A student that is found plagiarizing another’s work will automatically receive an “F” in the course and may be subject to further university discipline.
Cheating: According to university policy, cheating is defined as the use of any unauthorized materials during an academic exercise to include notes, study aids etc. Cheating also includes the viewing of another person’s work or securing any part of an assignment or examination in advance of distribution by the instructor. Cheating will not be tolerated in this class and will result in an automatic “F” for the class and the possible recommendation of suspension or expulsion from the university.
GRADED COURSE REQUIREMENTS
Voir Dire – 5 %
The Story – Final – 15%
Opening Statement – 10%
Direct Exam – 10%
Cross Exam – 10%
Exam # 1 – 15%
Witness Testimony – 2 @ 5% = 10%
Closing Statements – 10%
Exam # 2 – 15%
TOTAL: 100%
COURSE EVALUATION
Voir Dire (5%) – Voir Dire is the questioning of potential witnesses and will require exploring the case for those issues that might cause the jurors difficulty in ruling in favor of your case. The questions should reflect this thoughtful process. Each student should individually prepare a minimum of ten questions for the jurors.
The Story (15%) This may be the most important assignment as your decision as to the story that you will tell will affect all of the succeeding assignments. This story should be prepared with your partner and the grade will be shared.
Opening Statement (10) Each student will prepare a portion of the opening statement and will be graded individually on their development of the theme in their statement. Although students will be graded individually, it is important that both portions of the opening statement reflect a cohesive theme. Who will present which elements of the story? Who will address the jury first, second? How will the exhibits and witnesses chosen for this story affect the opening statement? Each opening statement should be approximately 10-12 minutes.
Direct Examination (10%) The direct examination of witnesses will include preparing each of your witnesses for their presentation without either leading them or changing any of the facts of the case. Each student will have the opportunity to question two witnesses in the case.
Cross Examination (10%) The cross examination of witnesses will require a complete understanding of each of the witnesses that the opposing side has chosen to call. This requires an extensive history of the potential testimony of each witness and how these testimonies will be discredited or used in furthering your “story”. Like the direct exam, each student cross-examines two witnesses.
Witness Testimony (2 @ 5% = 10%) Each student will have the opportunity to serve as a witness in two cases. This will require a review of everything that you can find about the particular witness so as to adequately convey their answers and any mannerisms that they might have had during the trial. Only witnesses that actually spoke during the actual trial can be called. Your witness assignment will be based on the choice of witnesses made by both the prosecution and defense in each case.
Closing Statements (10%) – This is an opportunity for both of the legal partners to pull the “story” together based on the witnesses that have been presented, the direct exam, the cross exam, exhibits and any other items that have been relevant to the case.
Exams #1 & #2 Each of the exams will consist of twenty questions that will be given to the students approximately a week prior to the exam day. On the day of the exam, twelve questions will be randomly drawn and students will each answer ten of the twelve. The questions will focus on the application of theory to the legal process. Students will be graded on the following criteria for each question: 1) understanding the breathe and depth of the question, 2) appropriate application of communication theory, 3) thoroughness and completeness of the answer to each question, 4) ability to relate outside material to each question where appropriate, and 5) the overall quality of the answer to each question.
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Date |
Focus |
Assignment |
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August 25, 2008
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Choosing Cases – Introduction to the Course Establishing the Story Review three cases – Sheppard Case, OJ Simpson, Patty Hearst Case Alternate Case - Moussaoui Case |
Assign Prosecution and Defense Trial Cases
Modern Trial Advocacy Chapter One |
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September 1, 2008 |
LABOR DAY – NO CLASS |
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Establishing the Story Trial Advocacy – The Communication Tools Script Theory – Persuasion in the Courtroom Good and Evil – The root of evil http://www.law.umkc.edu/faculty/projects /ftrials/evil/evilhome.html |
Modern Trial Advocacy Chapter Two Chapter Three Searching for Evil Text
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Jury Selection Voir Dire Planning Your Visual Aids The Use of Exhibits |
Modern Trial Advocacy Chapter Fourteen Chapter Eleven
Due: The Story Draft |
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Opening Statements Jury Instructions CASES: Jury Voir Dire
Mr. Mike Farrell – Attorney at Law Farrell, Farrell & Farrell, PLLC |
Modern Trial Advocacy Chapter Twelve Farrell, M. (1982) Communication in the Courtroom Due: Witness Requests Due: Voir Dire Questions |
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Direct Examination Cross Examination
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Modern Trial Advocacy Chapter Four Chapter Five Due: Witness Assignments Made Due: The Story Final
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CASES: Opening Statements – Trials 1, 2, 3
Exam Questions Distributed
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Due: Opening Statements
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Redirect Expert Testimony
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Modern Trial Advocacy Chapter Seven Chapter Eight
Due: Direct Exam/ Cross Exam Draft |
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October 20, 2008
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EXAM #1 Witness Final Preparation |
EXAM #1 Chapters 1, 2, 3, 14, 11, & 12 |
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October 27, 2008
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CASES: Trial 1 – Direct Exam/Cross Exam Trial 2 – Direct Exam/Cross Exam
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Due: Direct Exam/ Cross Exam Due: Witness Testimony |
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November 3, 2008
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Trial 2 – Continued Trial 3 – Direct Exam/Cross Exam
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Due: Direct Exam/ Cross Exam Due: Witness Testimony
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Closing Statements Jury Decisions
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Modern Trial Advocacy Chapter Thirteen Chapter Fourteen
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CASES: Closing Statements Presented – Trials 1, 2, 3
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Due: Closing Statements |
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November 24-29 |
Thanksgiving Holiday |
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December 1, 2008
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Jury Deliberations
MOCK TRIAL – Ms. Patricia Smith Jury Consultant & Huntington Attorney
Exam Questions Distributed
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December 8, 2008 |
Class Wrap Up – Jury Deliberations Continued Final Review
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Jury Deliberations on Three Cases |
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December 15, 2008 |
EXAM # 2
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Exam # 2: Chapters 4, 5, 7, 8, 13, & 14 |
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