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Advanced Family Law Advocacy
Class Term:
Spring Term 2016-2017
Catalog Number:
5611
Class Number:
17210
Class Schedule:
Tuesday
5:00 pm
6:50 pm
Room:
LAW 120
Lecture
Credits:
3 (2 Contact, 0 Field)
Graduation Requirements:
"W" Writing
Professional Skills
Experiential Learning
Priority:
Limited Enrollment - 3rd Year Priority
Full Year Course:
No
Category:
Standard Courses
Additional Information
Formal Classes are scheduled for two consecutive hours each week during the Spring term. However, there are four mock trials that you will be obligated to either participate or attend which are held in the Allegheny County Family Court Building in Downtown Pittsburgh. Although each of those trials will also be held during scheduled class time, students should allow for additional time for transportation to and from the downtown area in order to attend the mock trial.
Students are paired in teams of two, acting as co-counsel and each team will participate in at least two mock trials; one involving lay witnesses and one involving expert witnesses. Students will be expected to interview their clients/witnesses in order to prepare their testimony for trial. The witnesses will be located in the downtown area or in Oakland.
Students will be expected to prepare a memorandum of law for the trial judge prior to the hearing and/or prepare opening and closing arguments, if appropriate.
One class is totally dedicated to Motions Court. Students will be expected to prepare the motion, a memorandum of law in support of their motion and be prepared to argue their motion to the motions judge. Motions Court will be held at the law school during the regular class time.
Please schedule accordingly when you register so that you comply with the above requirements.
Grading Details
Each student will receive a letter grade based on some or all of the following factors:
Participation in classroom work;
Performance in the preparation of their trials, including counseling and preparing witnesses for trial and preparation of trial memorandum;
Performance during their trials;
Writing assignments throughout the course;
Research assignments;
Advocacy Skills
Description
Much of the modern practice of Family Law involves litigation. From routine contested motions to complex equitable distribution and custody trials, the field of Family Law has seen a dramatic increase in the time the practicing family lawyer spends in the courtroom. Very often the family lawyer is faced with complex litigation that involves the direct and cross examination of expert witnesses and trial techniques and strategies molded well in advance of trial with the assistance of a child psychologist expert. In addition, "motions practice," arguing important discovery or interim issues that effect custody and equitable distribution cases, is an important, if not critical aspect of the practice of family law.
We will follow hypothetical cases of families whose contentious divorce and custody issues must be tried to conclusion in non-jury mock trials. The students, working in small teams, will interview, counsel and prepare their role playing "client" for trials, develop trial strategy, engage in pretrial preparation, meet with and prepare expert witnesses for direct and cross examination and finally, try various issues to conclusion. The expert witnesses will be actual, highly experienced experts in various areas of valuation and custody. Students will be expected to prepare written trial materials. One class will be specifically devoted to arguing a motion against opposing counsel on a discovery issue. The student will be asked to prepare a motion and a supporting brief on the subject issue to be addressed before the motion's court judge.