Trial practice is an upper-level course offered in most American
law schools designed to teach future
litigators the fine points of presenting a case to a
judge and
jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England du ...
. Unlike most law school courses, a trial practice class has very little discussion of
substantive law, and is focused on the practical application of
public speaking,
narrative
A narrative, story, or tale is any account of a series of related events or experiences, whether nonfictional (memoir, biography, news report, documentary, travelogue, etc.) or fictional ( fairy tale, fable, legend, thriller, novel, etc. ...
, and using
body language
Body language is a type of communication in which physical behaviors, as opposed to words, are used to express or convey information. Such behavior includes facial expressions, body posture, gestures, eye movement, touch and the use of space. Th ...
to communicate a particular set of events to the triers of fact. Trial practice also contains elements of
strategy, teaching students how to decide the order in which witnesses should testify, when exhibits should be introduced, and how to trap opposing witnesses into giving testimony that damages their side.
Evidence is the area of substantive law most reinforced by a trial practice course, with students learning how to apply evidence law in a real-life setting, including learning when they can object to questions asked of witnesses, what objections to raise, and how to effectively present objections.
Trial practice courses may have a classroom component. Also, trial practice courses will usually have an ongoing "lab" component where an attorney will instruct a small group of students on trial skills and assist them in honing their craft. Often, students practice against one another in
mock trial
A mock trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisti ...
s throughout the course; for example, students may be divided into groups of 4, with each group containing two teams who practice against one another in mock trials.
Rather than a
final exam, the course may culminate in a mock trial with volunteer "witnesses".
Legal education
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