Trial practice is an upper-level course offered in most American
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.
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s designed to teach future
litigators the fine points of presenting a case to a
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 an ...
and
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 o ...
. Unlike most law school courses, a trial practice class has very little discussion of
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, ...
, and is focused on the practical application of
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 deliver ...
,
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 (ge ...
, 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
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 ...
, 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
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
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 consisting ...
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
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 ac ...
, the course may culminate in a mock trial with volunteer "witnesses".
Legal education
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