Trial Practice
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Trial Practice
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. 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, and using body language 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 ...
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Law School
A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, lawyers-to-be need to obtain an undergraduate degree in law in order to practice the profession, as opposed to the US system in which a law degree is not obtained until successfully completing a postgraduate program. In spite of that, it is customary to call Argentine lawyers 'doctors,' although the vast majority of them do not hold a Juris Doctor degree. The reason lies in that the career was originally called 'Doctorate in Laws' (''Doctorado en Leyes''), which was an undergraduate degree. There were no graduate studies available in the country at the time of its creation, and they would be instituted only in 1949. After the university reform of 1918 the career was renamed ' Attorney'. It is 5–6 years long, some universities also offeri ...
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Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party i ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Substantive Law
Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, administering, and enforcing substantive law. Substantive law defines rights and responsibilities in civil law, and crimes and punishments in criminal law. It may be codified in statutes or exist through precedent in common law. Henry Sumner Maine Sir Henry James Sumner Maine, (15 August 1822 – 3 February 1888), was a British Whig comparative jurist and historian. He is famous for the thesis outlined in his book '' Ancient Law'' that law and society developed "from status to contract. ... said of early law, "So great is the ascendency of the Law of Actions in the infancy of Courts of Justice, that substantive law has at first the look of being gradually secreted in the interstices of procedure; and the early lawyer can only s ...
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Public Speaking
Public speaking, also called oratory or oration, has traditionally meant the act of speaking face to face to a live audience. Today it includes any form of speaking (formally and informally) to an audience, including pre-recorded speech delivered over great distance by means of technology. Confucius, one of many scholars associated with public speaking, once taught that if a speech was considered to be a good speech, it would impact the individuals' lives whether they listened to it directly or not. His idea was that the words and actions of someone of power can influence the world. Public speaking is used for many different purposes, but usually as some mixture of teaching, persuasion, or entertaining. Each of these calls upon slightly different approaches and techniques. Public speaking was developed as a primary sphere of knowledge in Greece and Rome, where prominent thinkers codified it as a central part of rhetoric. Today, the art of public speaking has been transformed ...
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Narrative
A narrative, story, or tale is any account of a series of related events or experiences, whether nonfictional (memoir, biography, news report, documentary, travel literature, travelogue, etc.) or fictional (fairy tale, fable, legend, thriller (genre), thriller, novel, etc.). Narratives can be presented through a sequence of written or spoken words, through still or moving images, or through any combination of these. The word derives from the Latin verb ''narrare'' (to tell), which is derived from the adjective ''gnarus'' (knowing or skilled). Narration (i.e., the process of presenting a narrative) is a rhetorical modes, rhetorical mode of discourse, broadly defined (and paralleling argumentation, description, and exposition (narrative), exposition), is one of four rhetorical modes of discourse. More narrowly defined, it is the fiction-writing mode in which a narrator communicates directly to an audience. The school of literary criticism known as Russian formalism has applied metho ...
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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. The term body language is usually applied in regard to people but may also be applied to animals. The study of body language is also known as kinesics. Although body language is an important part of communication, most of it happens without conscious awareness. Body "language" must not be confused with sign language. Sign languages are ''literally'' languages: they have (their own) complex grammar systems, and they also are able to exhibit the fundamental properties that are considered to exist in all (''true'') languages. Body language, on the other hand, does not have a grammar system and must be interpreted broadly, instead of having an absolute meaning corresponding with a certain movement, so it is not a language, and is simply termed ...
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Strategy
Strategy (from Greek στρατηγία ''stratēgia'', "art of troop leader; office of general, command, generalship") is a general plan to achieve one or more long-term or overall goals under conditions of uncertainty. In the sense of the "art of the general", which included several subsets of skills including military tactics, siegecraft, logistics etc., the term came into use in the 6th century C.E. in Eastern Roman terminology, and was translated into Western vernacular languages only in the 18th century. From then until the 20th century, the word "strategy" came to denote "a comprehensive way to try to pursue political ends, including the threat or actual use of force, in a dialectic of wills" in a military conflict, in which both adversaries interact. Strategy is important because the resources available to achieve goals are usually limited. Strategy generally involves setting goals and priorities, determining actions to achieve the goals, and mobilizing resources to execu ...
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ...
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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 consisting of volunteers as role players to test theories or experiment with each other. Mock trial is also the name of an extracurricular program in which students participate in rehearsed trials to learn about the legal system in a competitive manner. Interscholastic mock trials take place on all levels including primary school, middle school, high school, college, and law school. Mock trial is often taught in conjunction with a course in trial advocacy or takes place as an after school enrichment activity. Some gifted and talented programs may also take place in one. Litigation related mock trials Litigators may use mock trials to assist with trial preparation and settlement negotiations of actual cases. Unlike school-related mock trials, these ...
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Final Exam
A final examination, annual, exam, final interview, or simply final, is a test given to students at the end of a course of study or training. Although the term can be used in the context of physical training, it most often occurs in the academic world. Most high schools, colleges, and universities run final exams at the end of a particular academic term, typically a quarter or semester, or more traditionally at the end of a complete degree course. Isolated purpose and common practice The purpose of the test is to make a final review of the topics covered and assessment of each student's knowledge of the subject. A final is technically just a greater form of a "unit test". They have the same purpose; finals are simply larger. Not all courses or curricula culminate in a final exam; instructors may assign a term paper or final project in some courses. The weighting of the final exam also varies. It may be the largest—or only—factor in the student's course grade; in oth ...
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