David Lowy

This course teaches students evidence at an advanced level through student exercises simulating courtroom presentations. This is simulation course and the emphasis is on performance and feedback in order to integrate legal evidence theory with the professional skills students need to advocate for their future clients. After evidence related exercises, students will engage in self-critique and will also receive feedback from fellow classmates and the instructor. The instructor will utilize the student exercises to teach the law of evidence at a level beyond the introductory evidence course and advocacy skills. Class discussion and exercises will provide opportunities to improve trial and advocacy skills, recognize and address ethical issues, and consider broad societal questions. Exercises may include the following: a motion in limine concerning prior bad acts evidence, a voir dire on an issue of rape shield, or a Daubert hearing concerning expert testimony on causation in a toxic tort case. PREREQUISITE: Evidence. NOTE: This course counts towards the 6-credit experiential learning requirement.

Donweber/Gonzales Rose/Lowy: Practical and theoretical aspects of the rules of evidence. The purpose and policies underlying the evidentiary rules are stressed throughout in order to make the rules meaningful, predictable, and functional both for students interested in trial practice and for students who anticipate engaging in a more diversified practice. In addition to covering the substantive rules of evidence, the course demonstrates the significance of evidence as a tactical device at the trial and as a vital skill for the office lawyer. UPPER-CLASS WRITING REQUIREMENT: Professor Gonzales Rose’s section may be used to satisfy the requirement partially or in full. Pedro: In this course, we will examine evidence rules and principles with a focus on the U.S. Federal Rules of Evidence, relevant constitutional provisions, and cases interpreting both. In addition to covering the rules of evidence, the course explores the significance of evidence as a strategic device in civil and criminal litigation, especially at trial. Some topics covered include: hearsay and its exceptions; relevance and prejudice; examination and impeachment of witnesses; privileges; expert testimony; and scientific, character, and propensity evidence. We will frequently use anonymous polling and discussion with a problems-based approach. We will engage in thoughtful discussions about cases alleging serious criminal offenses and civil injuries that may be disturbing. The course includes mandatory, practice quizzes and a practice midterm (specific student performance on the practices do not count toward the final grade) and assessment for the course will be based upon a final examination