美國法庭實務演練
Jury Trial Practice
| 節 | 週六 |
|---|---|
6 14:20–15:10 | 美國法庭實務演練 MB1069 3 節連堂 |
7 15:30–16:20 | |
8 16:30–17:20 |
* 根據陽明交大上課時間表所列
“In trial, there are spectators, and there are gladiators” -J. Trentacosta, former presiding judge of San Diego County Superior Courts With Taiwan’s recent shift towards a lay participation system (國民參審), the ability to litigate in court and explain legal positions to people without legal training is more important than ever. In this respect, jury trial techniques and skills from the US are highly valuable learning points. This course aims to replicate trial practice classes from US law schools, and will prepare students to become active jury trial litigators. Each week, students will focus on one aspect of a jury trial. The midterm and final will both be mock trials, during which students are expected to showcase all the techniques they learned throughout the course. The weekly topics will include: -Voir dire (jury selection) (選任程序) -Opening statements (開審陳述) -Closing arguments (言詞辯論) -Direct examination (主詰問) -Cross examination (反詰問) -Expert examinations (專家證人詰問) -Motions and objections (動議與異議) The goal of this course is to give students an in depth understanding of the basic techniques to conduct jury trials. From there, students can adapt such techniques to Taiwan’s newly-enacted Citizen Judge Act (國民法官法). As this is a new trial system in Taiwan, students can take the experiences from this course and contribute to the further development of Taiwan’s lay participation system.
Prior knowledge: No prior knowledge necessary. Necessary skills: English ability – the course will be taught in both English and Chinese. Case materials will be in English and lecture will be part-Chinese, part-English. However, students may conduct mock trials entirely in Chinese. As such, baseline level of English is necessary to read and understand the case materials. 本課程將以中英文混合的方式進行授課,閱讀資料是英文資料,但模擬演練部分學生可以使用中文進行。 Litigation experience – no litigation experience is needed to participate. However, this course will involve mock trials, so a willingness to practice and actively participate is necessary.
Course related information and announcements will be distributed at appropriate times. Makeup classes, if any, will be announced via appropriate platforms.
1) Class participation – 30%. As this course will be very hands-on, students are expected to actively participate in class each week. The only way to learn how to conduct a jury trial is to actively participate, so students should expect to engage in active discussions both with the instructor and other students. 2) Midterm – 30%. The midterm will be a mock trial. Students will break into teams, and act as counsel for both sides of the same case. Students will be graded both individually and as a team. 3) Final – 40%. The final will also be a mock trial. Grading and format will be the same as the midterm, except students will be given extra points for improvement compared to the midterm.
| 週次 | 主題 |
|---|---|
| 第 1 週 | University Anniversary, no class. |
| 第 2 週 | National Holiday, no class. |
| 第 3 週 | Introduction to the course Introduce the jury trial system. Explain class expectations and getting familiar with the class Opening statements Opening statements are the roadmap to every trial. While you cannot engage in arguments during an opening statement, you can make your arguments clear through a well-designed, well-executed opening statement. |
| 第 4 週 | Direct examinations A witness is here only to answer questions. As such, a litigator must know at all times how to ask the right questions. When a party calls a witness, that party must direct the witness to testify in the form of answers to questions. |
| 第 5 週 | Cross examinations “The cross examination is, beyond any doubt, the greatest legal engine ever invented for the discovery of truth.” During cross examination, you are questioning an adverse witness. As such, you must maintain control, overcome resistance, and all the while solicit favorable testimony. |
| 第 6 週 | Closing arguments The closing argument is the summation of your case. Often times, this is your last chance to speak to the jury. As such, you must make use of all the evidence presented at trial, and convince the jury why your position is ultimately correct. |
| 第 7 週 | National Holiday, no class. |
| 第 8 週 | Discussion of midterm fact pattern |
| 第 9 週 | Midterm week 1 |
| 第 10 週 | Midterm week 2 |
| 第 11 週 | Comments and midterm self-evaluation |
| 第 12 週 | Voir Dire Voir dire is a French word originally referring to the oath for jurors to tell the truth. Today, voir dire is the name of the process used to select jurors. The jury trial system places its trust in the jurors. As such, the jury trial system only works if the jurors are unbiased. |
| 第 13 週 | Expert examinations In trial, expert witnesses are often called upon to provide expert opinions and testimony. While these expert opinions are often difficult for lawyers to understand, that does not mean lawyers should give up! A good litigator must know how to assist experts to provide clear and understandable testimony on direct examination, and how to challenge an expert on cross examination. |
| 第 14 週 | Motion and objections Jury trials are almost never conducted to perfection. As such, mistakes will be made, which will necessitate motions and objections. Given that Taiwan does not have a well-established set of evidence statutes and case law, the class will focus on basic legal principles behind motions and objections. |
| 第 15 週 | Discussion of final fact pattern |
| 第 16 週 | Final week 1 |
| 第 17 週 | Final week 2 |
| 第 18 週 | Comments and final self-evaluation |
All reading materials will be prepared by the instructor. Students are not expected to purchase any reading materials.
- 地點
- 金孟華老師研究室
- 時間
- Before/after class
- 聯絡方式
- mhchin@nycu.edu.tw