SAMPLE SCHEDULE WITH LEARNING OBJECTIVES AND CHECKLIST

Schedule: 1:00 - 2:30 Workshop #1 - Connecting Facts to Closing - argument drills. (Participant performances in Small Practice Groups.) Problem: William Strange v. James Wrigley. No video. Preparation required. Participants choose a point from a list of potential arguments and argue the specifics. The goal is to demonstrate a mastery of argument and the combination of argument with facts from the case to prove the argument point. We also look to the connection of direct and cross examination, including the admission of exhibits, to closing argument and how closing argument drives witness examination. Deliver a three minute argument from the list below. Begin by stating the argument and then back up your argument with the facts of the case, including who presented the fact and if an exhibit demonstrated the fact - Ps focusing on the testimony of James Wrigley and Ds focusing on the testimony of William Strange. Your points should be based upon what you learned during either direct examination or proved in cross examination of these two witnesses. You may assume that all of the testimony in each witness statement was admitted as testimonial evidence. Ps will be assigned one of the argument points below (prepare to argue all four). In making your argument, tie the argument to facts in the witness statements or the exhibits: 1. Wrigley committed a battery on Strange by intentionally shooting him three times in a manner that demonstrated Wrigley was rude, insolent or angry. ; 2. Wrigleys conduct was willful or wanton in that he shot Strange and he was aware that he could severely injure or kill Strange and he disregarded that risk. Lesser conduct would have been sufficient.; 3. Wrigley was negligent because shooting Strange was not what a reasonably careful or prudent person would have done under the same circumstances.; 4. Wrigleys acts were not in self defense because he had neither a reasonable fear of death or great bodily harm to himself or his wife, and the force he used was unreasonable under the circumstances.

Ds, will be assigned one of the argument points below (prepare to argue all four). In making your argument, tie the argument to facts in the witness statements or the exhibits: 1. Wrigleys shooting was a reasonable amount of force to prevent death or serious bodily injury to a member of his family. It was self defense because he had a reasonable fear or apprehension of imminent death or great bodily harm to his wife and daughter.; 2. Strange was contributorily negligent when he entered the Wrigley home because he failed to show a level of reasonable care.; 3. Strange contributed to his own injuries. His level of fault was either in excess of 50% or enough that any damages caused by Mr. Wrigley should be reduced. 4. Stranges injuries are neither serious or permanent. He is not entitled to punitive damages because of his own negligence and contribution to his injury.

Learning Objectives and Reasons:

1:00 - 2:30 Workshop #1 - Connecting Facts to Closing - argument drills. (Participant performances in Small Practice Groups.) Problem: William Strange v. James Wrigley. No video. Preparation required.

By the end of this workshop you should be able to: 1. Organize your argument point so that it: a. Summarizes the evidence (testimony and exhibits) in a forceful and persuasive manner; b. Connects to the direct and cross examination of witnesses; c. Reduces your argument point to a short, understandable and persuasive point; d. Resolves the hard issues with an explanation. Use a Block approach to: a. Set off the issue with a conclusory statement or hypothetical question; b. Argue why your evidence is persuasive; c. Identify evidence in opposition; d. Concludes with a resolution of the issue. Make your argument persuasive by: a. Avoiding overstatement;

2.

3.

b. c.

Using powerful language; Using exhibits and demonstrative aids.

This is important because: 1. 2. 3. 4. The arguments you make must be connected to facts brought out in witness examination and exhibits received in evidence; Argument is not just a recitation of what was told to the fact finder by witnesses and exhibits; Closing argument creates your outlines for witness examination (both direct and cross); Your argument helps define what is important and what is simply clutter that must be eliminated from your case.

For now I continue to experiment. I welcome comments and ideas from you, my teaching colleagues. I hope you will share your thoughts and ideas. If you would like to receive a copy of one of my Learning Objectives and Reasons, send me an email and I will share.

NAME________________________________________________________ EXERCISE______________________________________________________

PARTICIPANT PRESCRIPTION
2006 Mark S. Caldwell. All rights reserved

We have diagnosed one or more of the following points where it would be appropriate for you to change your courtroom behavior. By modifying your performance you will be more effective in representing your clients. The next time you are in a trial setting try using the techniques spelled out below. 9 Case Theory 9 Using facts not conclusions 9 Foundations 9 Positioning 9 Awareness of fact finder 9 Organization (ordering) 9 Making complete points 9 Transitions 9 Listening
9 Pace

9 Problem Analysis 9 Use of exhibits, illustrations & demos 9 Language 9 Gestures and body language 9 Other

9 Form of the question 9 Objections 9 Use of notes 9 Use of voice

Next time try the following: ______________________________________________________________________________

_________________________________ Instructor