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Syllabus 1st Sem

This document provides the course syllabus for Practice Court and Trial Technique I, a 3-unit course offered in the 1st semester of SY 2020-2021. The course aims to provide students exposure to litigation skills through lectures, workshops, court observations, and mock trials covering the three stages of litigation: pre-litigation, litigation, and post-litigation. Assessment is based on written submissions, recitation, mock court performance, and a court observation report. The course is taught using a combination of lectures, skills workshops, and simulations to help students develop proficiency in applying litigation procedures and strategies.

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41 views

Syllabus 1st Sem

This document provides the course syllabus for Practice Court and Trial Technique I, a 3-unit course offered in the 1st semester of SY 2020-2021. The course aims to provide students exposure to litigation skills through lectures, workshops, court observations, and mock trials covering the three stages of litigation: pre-litigation, litigation, and post-litigation. Assessment is based on written submissions, recitation, mock court performance, and a court observation report. The course is taught using a combination of lectures, skills workshops, and simulations to help students develop proficiency in applying litigation procedures and strategies.

Uploaded by

Mikaela Pamatmat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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ATENEO DE MANILA UNIVERSITY

SCHOOL OF LAW
COURSE SYLLABUS
(With Guidelines)
Course Title: Practice Court and Trial Technique I

Instructor: Judge Caridad M. Walse-Lutero


No. of Units: Three (3)
Semester/ SY: 1st Semester, SY. 2020-2021.
Department/Track: Remedial Law

Pre-requisites:

I. COURSE DESCRIPTION AND OBJECTIVES

Course Description: Practice Court & Trial Technique I is a course that will provide
the students with both in-court and simulated court exposure and training in the
essential ethical litigation skills in Civil Cases (including Special Civil Actions) and
Special Proceedings as well as Alternative Dispute Resolution.

The course will cover the 3 stages of litigation:

Stage 1: Pre-Litigation Stage which includes client engagement; case build-


up; settlement attempts; preparation of pleadings and other court papers.

Stage 2: Litigation Stage, which is divided into the Filing and Discovery
Phase, Pre-Trial Phase (including dispute resolution), Trial Phase, Judgment
and Review Phase.

Stage 3: Post-Litigation Stage which refers to the process of execution and


the remedies available to the parties once judgment attains finality.

Learning Outcomes:

Upon completion of this course, students will be:

 Adequately familiar with the stages of litigation and able to identify the
essential ethical skills required for each stage.
 Sufficiently comfortable in an actual courtroom to effectively handle
incidents in a civil litigation.
 Knowledgeable enough to choose which procedural options and litigation
strategy best suits a particular client and/or situation.

Methodology

I. Lectures: General Oral Advocacy; The Stages of Litigation; Preparation of


Pleadings (Back to Basics in Legal Writing); Discovery Techniques; Witness
Preparation and Common Objections in the Examination of Witnesses; Dispute
Resolution—rules, skills needed, and what to expect.

II. Writeshop/Workshop: Preparation of a Client Engagement Contract; Preparation


of a Trial Brief and an Evidence Folder; Witness Interview and Preparation of
Judicial Affidavit; Preparation of Pleadings (Complaint, Answer, Reply);
Preparation of a Request for Admission and an Answer to the Request;
Preparation of a Pre-Trial Brief; Preparation of Memoranda; Appellate Remedies.

III. Court Observation: Students will be required to attend court sessions and submit a
report on the proceedings with a critique focusing on the litigation skills observed.
(Subject to approval by the Office of the Court Administrator.)
Online Court observation (when possible) shall be done outside of class hours and
cover: (1) a complete pre-trial court session; (2) a preliminary conference before a
Branch Clerk of Court; (3) a direct and cross-examination of either a plaintiff or a
defendant; (4) a direct and cross-examination of an expert witness; and, (5) an initial
hearing on jurisdictional requirements. All of these sessions must be in civil cases
only, save for No. 5, which must be in a special proceeding. The student must present
the duly accomplished Request for Court Observation signed by the Professor to the
court where the observation will be had. Upon completion of the observation, the
student must secure a Certification from the Branch Clerk of Court of the court
observed attesting to the student’s attendance at the court session/proceeding, giving
the specific date and time. (This is subject to the consent of the Office of the Court
Administrator for students to be allowed to observe online trials.)

IV. Mock Court: Students will act as counsel and litigants in hypothetical court cases
and incidents to train them in the basic litigation skills. If possible, guest lawyers
will be invited to go up against the students in the examination of witnesses to
approximate a real courtroom atmosphere. We will try to approximate
videoconference hearings.

II. COURSE OUTLINE AND MATERIALS

Week/Session Topic

1 I. INTRODUCTION A. Lecture: General Oral Advocacy

2 II. THE THREE STAGES OF LITIGATION: STAGE 1: PRE-


LITIGATION. (A) CLIENT ENGAGEMENT Writeshop/Workshop:
Preparation of a Client Engagement Contract

(b) Case build-up Writeshop/Workshop: Preparation of a Trial Brief


3-4 and an Evidence Folder Writeshop/Workshop: Witness Interview and
Preparation of Judicial Affidavit

(c) Preparation of pleadings and court papers Lecture: Back to Basics in


Legal Writing Writeshop/Workshop: Drafting a Statement of Facts
5-7 Writeshop/Workshop: Formulating Issues and Assignment of Errors
Writeshop/Workshop: Preparation of Pleadings (COMPLAINT,
ANSWER, REPLY) STAGE

2: LITIGATION. (a) Filing and Discovery Phase Lecture: Discovery


Techniques Writeshop/Workshop: Preparation of a Request for
Admission and an Answer to the Request

8 (b) Pre-Trial Phase Writeshop/Workshop: Preparation of a Pre-Trial


Brief
Mock Court: Mediation Judicial Dispute Resolution Preliminary
Conference before a BCC Pre-Trial Proper

9-11 (c) Trial Phase Lecture: Witness Preparation and Common Objections
in the Examination of Witnesses Writeshop/Workshop: Preparation of
Memoranda Mock Court: Trial (Presentation of Evidence for Plaintiff
and Defendant) Oral Offer of Evidence with Comment

(d) Judgment and Review Phase Lecture: Appellate Remedies


12-16 WRITESHOP/WORKSHOP: DRAFTING A NOTICE OF APPEAL

Stage 3: POST-LITIGATION WRITESHOP/WORKSHOP:


DRAFTING A MOTION FOR EXECUTION

17

18

III. REFERENCES AND MATERIALS

Principal References:
Students are expected to read relevant provisions of the Rules of Court, Civil Code,
and other special court issuances that may be applicable to the topic to be discussed.

IV. COURSE REQUIREMENTS AND GRADING SYSTEM

Written Submissions (15%) - Papers prepared, whether in class writeshops or as take-


home work, will show the student’s ability to translate practical and oral litigation skills
into written form.

Recitations (15%) – Stock knowledge and familiarity with rules and law.

Mock Court (40%) - The student’s performance in mock court will demonstrate his/her
depth and range of learning and proficiency in applying these learnings to simulated court
scenarios.

Court Observation (15%) - The student’s observations in the reports will show his/her
level of understanding and appreciation of litigation skills. Recitation (15%) - Answers
after class lectures and during workshops will show the student’s level of interest,
participation and comprehension. (If feasible. If Court Observation will not be possible,
the percentage shall be distributed among the other three (3) requirements stated above.)

V. COURSE POLICIES

Please see the Rules and Regulations on attendance, dress code, discipline, J.D.
scholastic responsibility, and plagiarism, in the ALS Catalogue. In addition, all
written paper requirements should first pass through the plagiarism checker,
available at the APS library, prior to submission.

VI. CONTACT AND OTHER INFORMATION


E-mail address: [email protected]

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