COURSE OUTLINE

TRIAL TECHNIQUE
DEAN JOSE M. I. DIOKNO
1st Semester AY2018-19

1. Course objectives and expected learning outcomes:

At the end of the course, the students should be able to:

a. Prepare case chart forms to plan their case and anticipate the opponent’s case;
b. Make use of informal and formal methods for gathering evidence;
c. Use an exhibit guide to analyze their exhibits and their opponent’s exhibits for
admissibility and authentication;
d. Use a witness guide to assist in preparing for the presentation of a witness;
e. Propound proper open-ended questions in direct examinations and judicial
affidavits
f. Prepare a proper judicial affidavit;
g. Cross-examine effectively;
h. Make timely and proper objections, and counter the opponent’s objections; and
i. Apply basic evidentiary rules in the trial setting.

2. Teaching methods:
a. Mini-lectures and slide presentations;
b. Individual and group exercises;
c. Think-Pair-Share and other adult learning activities;
d. Mock Hearings and Mock Trials.

3. Grading/Assessment:
a. Graded exercises/class work: 20%
b. Mid-term exam: 40%
c. Final exam or its equivalent: 40% 


4. Lesson plans for each class session:

1st Session (July 30, 2018):

Distribution of Course Outline

Assignments for 2nd session:

1. Read Diokno on Trial (DOT), pp. 29-46, 79-98;

2. Read R.A. 10591 (Firearms Law) and bring a hard copy to class;
3. Bring copies of the following trial forms to class:
a. Retainer Record (1 copy);
b. Things to Do – Facts (1 copy);
c. Things to Do – Law (1 copy);
d. Case Chart (4 copies).

2nd Session (August 6, 2018):

 Mini-lecture/slide presentation on (1) The Trial as a Blank Slate and the Six Basic Tasks
of the Trial Lawyer, and (2) Basics of Court Etiquette and Decorum

Open Forum

Mini-lecture and slide presentation on interviewing clients and using the Retainer
Record, Things to Do – Facts, Things to Do – Law, and Case Chart forms.

Open Forum

Exercise No. 1: Asking Open-ended and Leading Questions

Exercise No. 2: Interviewing the Client (class exercise)
Exercise No. 3: Accomplishing the Retainer Record form (individual seat work)
Exercise No. 4: Accomplishing the Things to Do – Facts and Things to Do – Law forms
(individual seat work)

Synthesis/Discussion: lessons learned

Assignments for 3rd session:

1. Do the research tasks in your Things to Do – Law form.
2. Bring the accomplished trial forms to class.

3rd Session (August 13, 2018):

Continuation/completion of Exercises 1-4

Group Work: Prepare Case Charts for the Prosecution and the Accused
Save Case Charts in USB’s

Group Presentations of Case Charts

Dean’s Presentation of his Case Charts

Synthesis/discussion: lessons learned

Assignments for 4th Session:

1. Read DOT, Checklists 1 and 2

4th Session (August 20, 2018):

Mini-lecture / slide presentation on the Seven Questions of Evidence and Processing a

Case for Trial

Open Forum

Synthesis/discussion: lessons learned

Assignments for 5th Session:

1. Go over Rule 130, sec. 1-8; and Rule 132, sections 19-33.
5th Session (August 27, 2018):

Mini-lecture/slide presentation on Authenticating Exhibits

Exercise on Authenticating Exhibits (Prepare a direct examination of a witness who will

authenticate a photograph)

Mock hearing: Presentation of authenticating witness

Synthesis/discussion: lessons learned

Assignments for 6th Session:

1. Go over Rule 130, sections 20-51; and Rule 132, sections 34-40.
2. Go over DOT, checklist no. 5 (pp. 117-118)

6th Session (Sept. 3, 2018):

Mini-lecture/slide presentation on Making and Countering Objections

Open Forum

Exercise on Making and Countering Objections (including Offers of Testimony and

Exhibits)

Synthesis/discussion: lessons learned

Assignments for 7th Session:

1. Go over the Judicial Affidavit Rule
2. Bring notes of your client interview

7th Session and 8th Sessions (Sept.10 and 17, 2018):

Group Work: Prepare judicial affidavit of the accused

Select one member of the group who will act as the accused and testify
When finished, provide a copy to opposing group
Prepare objections to opposing group’s JA
Prepare cross-examination of opposing group’s witness

9th Session (Sept. 24, 2018): Mid – Term Exam

10th Session (Oct. 1, 2018):

Mini-lecture on Disputed and Undisputed Facts; Ultimate and Evidentiary Facts; Joining
of the Issues in a Criminal and Civil Case; Trial Skills and Techniques for Presenting
Evidence
Open Forum

Mini-lecture on Using Informal and Formal Methods of Gathering Evidence and on Pre-
Trial

Open Forum
 Synthesis/discussion: Lessons learned

11th Session (Oct. 8, 2018):

Mock Trial by Groups, Using JA’s

Synthesis/discussion: Lessons learned

12th Session (Oct. 15, 2018):

Continuation of Mock Trial

Synthesis/discussion: Lessons learned

Assignments for 13th Session:

--Read DOT Checklist no. 3 on Circumstantial Evidence (pp. 99-114)

13th Session (Oct. 22, 2018):

Mini-lecture on Circumstantial Evidence

Open Forum

Exercise on Circumstantial Evidence

Synthesis/discussion: lessons learned

14th Session (Oct. 29, 2018):

Video showing

Synthesis/Discussion: Lessons learned

Assignments for 15th Session:

--Go over Code of Professional Responsibility and take note of the provisions
that govern the lawyer’s conduct during the trial of a case.

15th Session (Nov. 5, 2018):

Mini-lecture/slide presentation on the legal ethics of presenting witnesses

Open Forum

Synthesis/discussion: lessons learned

 Assignments for 16th Session:
--read handouts on cross-examination

16th Session (Nov. 12, 2018):

Mini-lecture/slide presentation on cross-examination

Open Forum

Exercise on cross-examination

Synthesis/discussion: lessons learned

17th Session (Nov. 19, 2018):

Continuation of class exercise on cross-examination

18th Session (Nov. 26, 2018): Final Examination or its Equivalent