Litigation

Evidence: An intensive study of the law of evidence primarily utilizing the Federal Rules of Evidence. Topics addressed by the course include relevance, authentication, real evidence, competence, heresay, impeachment of witnesses, and privileges. This course satisfies the Third Year Practice requirement. (3 cr.) Close Window

An examination of the federal judicial system encompassing such topics as allocation of federal judicial power; original jurisdiction of the Supreme Court; the Eleventh Amendment; suits in federal court against state officials; restrictions on federal adjudication of state-created rights; federal question jurisdiction and federal common law. (1 cr.) Close Window

Trial Advocacy - Basic Advanced Litigation: An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student's skills as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required. Students who take Trial Advocacy-Basic Advanced Litigation may not take any other Trial Advocacy section (Tech Trial Ad or National Trial Team Trial Ad) for credit. Pre-requisite: satisfactory completion of Evidence. For Trial Advocacy-Technology Augmented: see term description. . (1 cr.) Close Window

Covers procedural law for both law and equitable claims, including applicable statutes, rules of court and cases interpreting the statutes and rules. Appellate procedure for both the Court of Appeals of Virginia and the Supreme Court of Virginia are covered. Prerequisite: Third year status (4 cr.) Close Window

Administrative law establishes the legal controls over the operation of government and hence it relates to almost every legal practice, from security regulation to social programs to criminal justice. Indeed, administrative law is essential to justice in a modern society because administrative agencies generate most of the law that actually affects our lives and because administrative agencies adjudicate far more disputes than the traditional judiciary. This course is an introductory examination of the rules and procedures governing agency decision making. It explores (1) how agencies make policy and (2) how businesses, interest groups, and citizens challenge agency policymaking in court. (3 cr.) Close Window

Advanced Family Law Advocacy This course will introduce students, in the context of Virginia substantive and procedural law, to the major practice areas typically encountered in a family practice: child abuse and neglect; domestic violence; child custody and support; and divorce. Through readings, class discussion, and simulated exercises, it explores concepts of client-centeredness and the development of case theory. Students will practice and develop necessary lawyering skills that include client interviewing, client counseling, negotiating, and litigation skills (pretrial practice, pleadings/motions drafting, and trial advocacy skills). (1 cr.) Close Window

This course is designed to enhance the student's brief writing skills in preparation for writing Moot Court tournament briefs. Moot Court team members are required to enroll during their fall, second-year semester.Students who take Advanced Brief Writing cannot take the Appellate track in Advanced Practice. This course is available only to Moot Court members. (2 cr.) Close Window

Advanced Research II is a 1-credit course that introduces students to a variety of foreign and international law research sources and methods over four class sessions. Students will learn how to efficiently research secondary and business information, treaties and other international agreements, foreign and European Union law, and United Nations documents. Classes are conducted over a two-week period, and students complete four research assignments. Students may enroll in either ART I or ART II or both. ART I is not a prerequisite for ART II. This course is pass/fail. (1 cr.) Close Window

This course will introduce students to the multi-tiered and often contradictory ethics rules governing those who lobby government officials at the federal, state and local levels. The course aims to expose students to the various lobbyist registration, licensing, and reporting requirements (including HLOGA, FARA, and selected state and local requirements) in order to give students a broad survey of the differing regimes applicable to the industry. A primary focus will be on the types of conduct prohibited for lobbyists (and the government officials with whom they deal) and the policy choices and implications feeding, and stemming from, those ethics regulations. Students should emerge from this course with an understanding of the rules governing lobbyists at all levels of government, as well as a comprehension of the challenges inherent in the American system of government in creating and enforcing a uniform set of standards. Students will be asked to examine not only the legal requirements but also real-life scenarios faced by lobbyists and ethics regulators, and to consider the policy implications behind the decisions those actors make. Grading: 10-12 pp paper. (1 cr.) Close Window

This course will explore the various processes of Alternative Dispute Resolution (ADR) available to attorneys and their clients, with particular focus on negotiation, mediation, arbitration, and court and agency-annexed ADR. The role of the lawyer in counseling a client and recommending a specific ADR process will be examined, as will the role of technology in ADR (including online ADR), and the ethical issues that surround a lawyer's participation in ADR processes. Skills in communication and ADR processes will be developed through role play and simulation exercises, both in and out of class, throughout the semester, with learning reinforced through a reflective journal. (2 cr.) Close Window

This seminar provides a broad overview of contemporary jury system management and trial procedure with an emphasis on current policy debates concerning the American jury. The course begins with a brief review of the history of the jury and current public perceptions of its role in contemporary society. It then examines the jury selection process from summoning and qualification procedures through voir dire. After a brief examination of jury behavior and decision-making based on contemporary social science, the course focuses on contemporary issues concerning the American jury in civil and criminal litigation. Specific topics include juror comprehension of expert testimony, civil jury verdicts and awards including punitive awards, racial and ethnic bias in criminal verdicts, and the effects of death qualification procedures in capital juries. Grades are based on a combination of homework assignments, short essays, a group project and class participation. (3 cr.) Close Window

How the courts of a state address the fact that other states and nations, with their own laws, exist. The primary focus is choice of law--which state's or nation's law should apply to a case with multi-jurisdictional elements. Also covered will be the constitutional restrictions on choice of law and state court recognition of sister state judgments. Other possible topics are: the extraterritorial application of federal (including constitutional) law, state and federal court recognition of the judgments of foreign nations, and conflicts between federal and state law, including the Erie doctrine. (2 cr.) Close Window

Depositions This course will address how to take effective pretrial depositions. Students will learn to identify what is needed to know for the case and then how to elicit the information from the witness that will be useful for pretrial motions, cross examination and examination. Most trial lawyers spend much time taking pretrial depositions, this course will teach effective methods of doing so. Priority registration given to Trial Team members. Prerequisite: Trial Ad or Legal Skills IV (1 cr.) Close Window

Students taking this course will be taught how to learn about the opposing counsel's case; what interrogatories to file; what 'request for productions' to file; how to use 'request for admissions'; when to object to opposing counsel's tactices; where to look for facts and theories. The course will address state and federal court rules of pretrial procedure and how to use the rules and available procedure to your client's best advantage. Priority registration given to Trial Team members. Prerequisite: Trial Ad (1 cr.) Close Window

Domestic Violence Clinic: This clinic offers 6 students who have their third-year practice certificate the opportunity to work with the Williamsburg Legal Aid Office (Legal Aid Society of Eastern Virginia, aka LASEVA) and local shelters to provide legal assistance to victims of domestic violence and their families. Students will learn the effects of domestic violence, and, under supervision, learn to interview, and provide advice, counsel, and court representation to clients in domestic abuse cases, when available. In addition to meetings with Professor Darryl Cunninham, LASEVA's Managing Attorney in Williamsburg, there is a one and a half hour classroom meeting per week or brief research/writing assignment addressing the current practice experiences of the students and readings of domestic violence law. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course. (3 cr.) Close Window

Electronic Discovery and Data Seizure This course addresses the legal and practical issues inherent in conducting electronc discovery in civil cases, especially under the Federal Rules of Civil Procedure, as well as the law of electroinic data search and seizure under the Fourth Amendment and Federal Rules of Criminal Procedure. No special information technology knowledge or background is required. (1 cr.) Close Window

This class will explore five major areas of litigation law (as opposed as to transactional questions) as they relate to the entertainment industry. We will spend time on the protection of ideas through contract and property theories, defamation, various rights of privacy, the right of publicity, and the First Amendment consideration overlaying several of these areas. Law 459 Entertainment Law is not a prerequisite. (2 cr.) Close Window

Since most states routinely refer contested family-related cases to mediaton or other forms of Alternative Dispute Resolution ('ADR'), any student who intends to practice family law should possess a practical understanding of the family dispute resolution process, a problem-solving approach to resolving disputes, where the parties to the dispute, with assistance of an impartial mediator, are in charge of the resolution. The course is designed as an advanced legal skills course with the emphasis on mediation skills and techniques. Through demonstrations, role plays, videotapes, coaching, class discussions, presentations, readings and written assignments, you will be provided with a comprehensive summary of family mediation theories and practices, including the nature of family conflicts and how families fight and will learn about the theory of mediation and its practice from the perspective of a mediator, a party, and an attorney representing clients in mediation. The course is open to 3Ls who have taken General Mediation or other students by instructor permission. (3 cr.) Close Window

Family Law Clinic: The Family Law Clinic (formerly called the Legal Aid Clinic) offers six students who have their third-year practice certificate the opportunity to represent and advise clients of limited financial means from the Williamsburg office of the Legal Aid Society of Eastern Virginia (LASEVA), in divorce, custody, support and equitable distribution matters. Attorney Darryl Cunningham supervises students and their case work. In addition to a weekly seminar, additional time commitments are required by work load and court schedule. Weekly clinic seminar Wednesdays 3:30-5:15 pm. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course. (3 cr.) Close Window

Innocence Project Clinic I: This clinic offers eight students the opportunity to engage in the legal investigation and research of inmate claims of actual innocence under Richmond attorney Fred Gerson. Using primary sources including police and forensic reports, court pleadings, transcripts, appellate briefs and opinions, students will research and prepare written summaries of the cases referred to the Clinic by the Mid-Atlantic Innocence Project (MAIP), so that MAIP may determine whether or not to pursue the innocence claim. Students will have the opportunity to conduct interviews of inmates and possible witnesses, as well as other preparatory case work with private investigators, forensics experts and attorneys. The Clinic's focus will include DNA evidence, investigative activities, post-conviction remedies and procedures, and in-class simulations. Students will gain an understanding of the various ways innocent people are convicted and discuss remedies for exoneration. In-class discussions will systematically prepare students to undertake the investigations necessary to assess prisoner's claims of factual innocence. Although the investigations are as varied as the cases, they can generally be placed into two categories; (1) cases involving searches for DNA evidence, and (2) cases involving non-biological evidence. In all of the cases, students, supervised by the professor and MAIP staff and volunteers, will work with the prisoner, former attorneys, courts, and police departments to create complete files to determine an investigative strategy. In DNA cases, students contact (and sometimes visit) courthouses, police departments, labs, and hospitals to determine whether any testable physical evidence remains in files or warehouses from cases that are often decades old. In non-DNA cases, students will interview eyewitnesses, alibi witnesses, co-defendants, and, in some cases, alternative suspects, and perform other necessary investigation, again to include travel throughout the Commonwealth. Occasionally cases also require travel to a prison in order to interview a prisoner. Ideally, in instances where MAIP accepts the case and assigns it to an attorney, the Clinic students who worked on the case will remain involved with it, thus preserving continuity and providing students with an even fuller learning experience. Innocence Project II will be offered in the spring semester for those who choose to enroll and have successfully completed Innocence Project Clinic I; ideally the students from IP I will enroll in IP II, for a more in-depth semester of work and skill building on their assigned cases. Prerequisites: Students must be enrolled in or have completed Evidence. Weekly clinic seminar Thursdays 6:00-8:30 pm. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course. (2 cr.) Close Window

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Mediation: This course is designed for students who are interested in how to effectively incorporate mediation theory into practice. Different models and approaches to mediation will be discussed and students will learn a broad range of skills and techniques through lectures, discussions, video simulations, exercises and role-plays. The process of mediation including convening and preparing for mediation, opening the mediation session, defining the issues, facilitating communication and creative problem-solving, and structuring a mediation will be covered. Skills that are valuable for mediators and advocates such as developing trust and rapport, active listening, formulating questions, gathering information, reframing, and effective interaction for facilitated decision making will be covered. In addition, we will examine legal, ethical and policy issues that arise in the mediation context. This is a 3 credit, graded course (2 cr.) Close Window

Mediation Advocacy This course introduces the mediation process from the advocate?s perspective and then provides an opportunity to practice those skills necessary to become effective advocates in this process. The advocacy skills students will practice include listening, summarizing, reframing and negotiation skills as well as preparation of opening statements in mediation. Classes will consist of lectures by the instructor as well as experts in the field, demonstrations of advocacy skills, and participation by students in role plays supervised by the instructor and attorney mediators. The course will require readings from the text and supplemental materials, class attendance, participation in discussion and role plays, a paper and written work predicated on the lecture and role plays. There will be one Saturday or extended class which will be required attendance for everyone. Class participation and attendance will count for 50% of the final grade and a paper will count for the remainging 50%. (3 cr.) Close Window

The course provides an introduction to the theory, process, and practice of negotiation as an element of, and an alternative to, litigation. We will examine the basic stage of a negotiation, the major tensions at play in negotiation, distributive bargaining and problem-solving negotiating techniques, power dynamics, and negotiation ethics. The class is designed to help students develop negotiating skills (and develop a framework for ongoing self-learning) through negotiation role-playing simulations, group discussion, and regular journal and short writing exercises. Grades will be based approximately 50% on the quality of student's classroom contributions in discussion and simulations and 50% on the class writing assignments, culminating in a final journal project. Please note that attendance for the course is mandatory, because one student's absence frustrates not only that student's opportunity to learn but also the learning opportunities of students matched with him or her in that day's rol-play exercise. If you cannot attend every class session, including the mandatory first class, you should not enroll in the course. (1 cr.) Close Window

Objections This course will focus on making and meeting objections during trial. What is a leading question, compound question, irrelevant question? The course will explain when to object to an improper qeustion and how to rephrase a question in the 'heat of battle.' The course will cover evidence, civil procedure and hearsay. Framing proper questions and detecting improper ones is an art form filled with nuances and quick wit. The course will train you to think on your feet and learn the basic rules of trial evidence. Priority registration given to Trial Team members. Prerequisite: Trial Ad or Legal Skills IV. (1 cr.) Close Window

Remedies: This course explores the law of judicial remedies in civil litigation. After reviewing the main differences between law and equity, we will study the main types of remedies-- damages (compensatory and punitive), declaratory judgments, injunctions, restitution, and litigation costs--considering both their basic characteristics and finer points that emerge in judicial decisions. Substantive examples will come primarily from contract and tort law, but property interests, statutory violations, and constitutional harms also will be discussed. Grades will be based on a final exam and additional credit for outstanding class participation. (3 cr.) Close Window

Special Education Advocacy Clinic (PELE): This clinic offers eight students the opportunity to assist children with special needs and their families in special education matters. This may include assistance in eligibility meetings, Individualized Education Program (IEP) meetings, discipline matters, mediation, administrative hearings, complaint drafting, and court proceedings. Clinic skills include interviewing, counseling, problem solving, informal and formal written and oral advocacy, negotiation, mediation, development of case theory and strategy, and file management. Students will identify obstacles, defuse emotions, and clarify legal issues. They will learn how to put a case together for a successful outcome, while managing client expectations and meeting client goals. In this clinic, the students will also teach parents effective advocacy and negotiation skills through public presentations and preparation of materials. Students will be graded on the quality of their work in educating families, representing clients and handling multiple cases, their ability to work collaboratively with other students in the clinic and those from other disciplines, and their written work associated with client representation. Students will be required to attend class sessions, work on clinic cases, attend regular case meetings with the Professor, and assist clinic operations when requested. Students are required to work on clinic cases and assist clinic operations for 8 hours each week, including case rounds and meetings with the supervising attorney. This clinic will be taught by Professor Patty Roberts, and the seminar and case rounds will be held on Tuesdays and Thursdays from 10:00-11:15 am. To receive credit for this course, each student MUST attend the first meeting. Graded course. NOTE: This will be offered as a summer school clinic as well; if interested, contact Professor Patty Roberts at perobe@wm.edu. (3 cr.) Close Window

Trial Strategy and Persuasion This is an advanced trial advocacy course designed to hone learned skills of trying cases. Through lecture and simulation, the course will provide techniques for both prosecution and defense in civil and criminal cases. Students will role play during most class periods. Course will be graded on skills learned and class participation. Prerequisites: Evidence and Trial Advocacy. Course is strongly suggested for Trial Team members. (3 cr.) Close Window

Veterans' Benefits Clinic I In this multi-disciplinary clinic, students will learn veterans disability law and procedure and will aid military veterans in the filing, adjudication, and appeal of their disability claims with the Veterans Administration. Law students will work within the curriculum to create and deliver outreach programs to veterans covering the legal aspects of a disability claim. Students will also advocate and negotiate for veteran clients orally and in writing to administrative boards and the Court of Appeals for Veterans Claims to appeal adverse decisions of the veterans' claims. Students will work in conjunction with the psychology students at VCU to refer clients for assessment, counseling, and therapy as needed, and may work with graduate students from additional disciplines in responding to veteran client needs. Weekly class sessions and supervisory case meetings will be held, with occasional sessions at VCU. Students will also be required to staff weekly office hours to assist with veteran inquires. VBCI is three credits and is graded. Students interested in VBC2 must take VBCI. The first Friday of the first week of classes is a mandatory class from 9:00 AM to 3:00 PM for all VBCI students. Only pre-approved absences are excusable. (3 cr.) Close Window

Veterans' Benefits Clinic II This course requires a 20 page paper or comparable project that identifies a problem with the current veterans disability process, and designs a solution to address that problem, or studies the impact of disabled veterans on a particular community, with identification of any anticipated need for additional resources, or increases awareness and education about the veterans disability process to veterans and their families. Two thirds of the grade will be based on the paper or the project, with one third of the grade awarded for a student's work in advocating for the clinic's veteran clients. This course builds on the student's work of VBC1. VBC1 is a prerequisite. Students may opt to meet the writing requirement. (3 cr.) Close Window

A review of the Virginia statutes and Rules of Court governing criminal procedure in Virginia's courts. Covers Va. Code Title 19.2, Rules of the Supreme Court of Virginia affecting criminal and traffic litigation and a large number of cases interpreting the statutes and rules. The course also lightly covers appellate procedure for criminal cases. Some of the topics covered are jurisdiction, venue, pre-trial motions and procedures, competency and insanity issues, trial, sentencing and appeals. It is not a constitutional law course but there is discussion of how state statutes and rules mesh with constitutional requirements. Course is structured for students who wish to do criminal litigation, either as defense counsel or prosecutor in Virginia. This course is open to 2L and 3L students. Either having completed or being enrolled in Criminal Procedure I & II is helpful, but not required. (3 cr.) Close Window