METHOD OF INSTRUCTION
Problem assignments are from Emory On-Line Special Printings, including the "James Bier" Direct/Cross Examination problem, and the "Child Witness" Direct/Cross Examination problem; and the BMI v. Minicom case file. The final jury trials in the May session will be from the Dixon v. Providential and Fulbright v. Parker and Americraft Industries case files.
You will either play the roles of lawyer and witness in the Fulbright case, or play the roles of lawyer and witness in the Providential Life case, depending on your trial assignment. Final trial assignments will be made by your team Leader during the May program session.
You will be given access on the "Library" page of this website to electronically download the BMI v. Minicom case file and related on-line course materials beginning on Januray 5, 2008. In addition, on May 6, 2008, you will be given access to download either the Fulbright or Providential Life case files, as you have been assigned.
We will use the A and B adversary method of assigning the problems, with As representing:
- BMI, in BMI v. Minicom;
- Nita Liquor Commission in the "James Bier" Problem and
- Defendant in the "Child Witness" Problem.
and Bs representing:
- Minicom, in BMI v. Minicom;
- Dan Jones and the Cut Rate Liquor Store in the "James Bier Problem"; and
- Plaintiff in the "Child Witness" Problem.
You should soon make yourself thoroughly familiar with BMI v. Minicom. Since preparation time during the program is limited you should also read the "James Bier" Problem, before the program starts. Also, on Tuesday evening, May 6, 2008, as part of your advance preparation for your jury trials, you should read both jury trial case files to begin to develop theories and themes for your side of the case, and begin to anticipate the theories and themes your opponent will likely be pursuing. These will be discussed as part of the brainstorming session on Wednesday, May 6, 2008.
Because of time constraints inherent to such training sessions, you may not be able to perform the entirety of each exercise that you have been assigned. Please do not try to squeeze into your allotted time everything you would try to cover in real life; rather, give us as full a segment of the portion of the exam you have chosen as you would in court. As a guide, when assigned a direct examination, you should prepare the entire exam, since you may be called to pick it up where the person before you left off. On the other hand, when assigned a cross examination, you should pick one, two or at most three significant points and develop those through a series of short, one fact questions, rather than briefly touching on numerous points.
If you are preparing the direct examination of any particular witness, you should also be prepared to play the witness role since no outside people will be brought in to assume these roles. Don't worry, its fun to be a witness and you learn a lot doing it.
A courtroom atmosphere will be maintained during each workshop. You should bring your copy of the Federal Rules of Evidence for they will govern all rulings. Dress will be business casual except for the bench trials held on Tuesday, and jury trials held on the final days of the program.
In your materials you have been provided thumbnail printouts for BMI v. Minicom. Your jury trial case files also have thumbnail printouts of a PowerPoint slide show available for your use illustrating all of the exhibits and blowups of certain exhibits from each. There will be a laptop and projector in half the classrooms so that you can display these slides at your option as part of your examinations when you are in those rooms. For technology use during the workshops, the faculty will act as operators ready to display whatever slides you choose whenever you request them by slide number. You can preview these slides from the PowerPoint presentation that is included in your on-line case file materials.
For final trials, we will try to have projectors and laptops available in many of the courtrooms. If you dont get assigned a courtroom with a projector (or need a blow up on an exhibit), you are responsible for making any exhibit or enlargement that you will need for your trial.
A and B designations, team assignments, trial docket, courtroom assignments, program schedules, and all other bulletin information will be posted on the "Schedule" page of this website. It will be your responsibility to check the schedule page for updates and schedule downloads.