Dr.
Sara Zeigler Mr.
Thomas Parker
McCreary
114 Thomas.Parker@eku.edu
622-5931
www.people.eku.edu/zeiglers
Office
Hours:
POL
466A and B
Fall
2007 and Spring 2008
Fall:
Tuesdays, 3:30-5:45
Spring:
Tuesdays, 3:30-5:45
2
credit hours per semester
REQUIRED TEXTS: Case and Rules from the American Mock
Trial Association (available on AMTA website and in class)
Pleasing the Court, by John Vile
(available in bookstore)
Mock Trials: Preparing, Presenting and
Winning Your Case, by Steven Lubet and Jill Trumbull-Harris (available in
bookstore)
COURSE
DESCRIPTION: Preparation
for Mock Trial Competitions in 2006-2007 academic year. Development of a case
for presentation including opening arguments, introduction of testimonial,
physical, and demonstrative evidence, direct and cross examination of
witnesses, closing arguments, etc. Students will also participate in
competitions, on and off campus.
STUDENT
LEARNING OBJECTIVES:
Critical Thinking: Students will become
more discerning critical thinkers and observers of political events,
personalities, messages and processes by applying theories and methodologies of
political science and through effective oral and written communication. Students will demonstrate critical
thinking skills by performing successfully in mock trial competitions that
require them to respond to new arguments and situations during trial. Through successful performances as
witnesses, as measured by instructor observations and scores assigned by
outside judges, the students will develop oral communication skills.
Career Preparation: Students will be
prepared for careers in the public, private and non-profit sectors or admission
to further graduate study. Mock
Trial will prepare students for admission to law school by acquainting them
with courtroom procedures, legal reasoning, litigation techniques and courtroom
procedures. Students will
demonstrate proficiency through successful performance in practice and in
competition, as measured by instructor evaluations and the written feedback
provided by independent judges.
Paralegal:
Theory and Content of Law: Students will
gain knowledge about the foundations, functions, terminology, sources of law
and court structure and procedure.
As a necessary component of participation in mock trial competition,
students will acquire knowledge of the functions and terminology of law and court procedure in the American court
system. Students will demonstrate
knowledge of theory and content of law through competent responses to essay and
multiple choice questions on examinations and quizzes and through successful
application of that knowledge in mock litigation.
A.
GRADING PROCEDURES:
1. Class Attendance and Preparation:
Regular, consistent class attendance is mandatory and all students must arrive
in class (ON TIME) familiar with assigned materials and prepared to rehearse.
Students who neglect to attend class and perform necessary preparation
demonstrate contempt for their colleagues, their instructors, and themselves.
This will not be tolerated. Only those absences deemed reasonable and unavoidable
by the instructors will be excused. The instructors reserve the right to
penalize excessive, consistent tardiness by marking late arrivals as absent.
Students missing more than 20% of the classes over the two semesters will
receive an automatic "F" in the course. Students who must miss class
are responsible for obtaining information about all announcements, assignments
and activities covered in the missed class. The instructorsÕ evaluation of
preparation and in-class performance will constitute forty percent (40%) of the
course grade. ÒClassÓ includes all regular meetings, mandatory scrimmages,
small group meetings, practice sessions and travel to and from
competitions. Each team will have at least one additional REQUIRED
meeting per week.
2. Tournament Performance: The
instructors' evaluation of student performance in rounds at tournaments,
combined with the information provided by the tournament judges on the official
ballots, will constitute thirty percent (30%) of the grade. Each student will
attend the EKU tournament scheduled for October 27-28, 2007. Some
students will be chosen to attend additional competitions. Attending
tournaments to which you are assigned is a course requirement Ð a grade of
"F" will be entered for any student who fails to meet this
requirement, unless excused by the instructors. Please notify your other
instructors and make appropriate arrangements to complete any work missed. The
Mock Trial instructors will provide an explanatory letter prior to the
tournament and an official University excuse after returning from the
competition. Students should
request letters as needed.
Invitational, Regional and National
Tournaments:
Dates
to be determined
3.
Teamwork and Ethics: Because Mock Trial is a group activity, the instructors
will evaluate students' ability to work with others in a professional and
responsible manner. Students must comply with the ethical standards established
for the Mock Trial team by the American Mock Trial Association, Eastern
Kentucky University and by the instructors. Actions classified as ethical
violations include, but are not limited to-
á placing
one's individual interests above those of the team
á failing
to treat colleagues with due respect
á lying to
colleagues or instructors
á
engaging in dishonesty in any matter related to Mock Trial
á
violating the rules outlined in the AMTA fact situation and rules, including
all rules related to courtesy
á engaging
in irresponsible behavior that puts others at risk
á illegal
conduct of any sort during class time (travel to and from tournaments, as well
as all time spent in the tournament city on tournament weekend would count as
"class time")
The instructorsÕ evaluation of the
students' sense of responsibility and integrity in matters related to Mock
Trial competition, combined with his/her contribution to the competence,
cohesiveness and general well-being of the team will constitute thirty percent
(30%)of the course grade.
4. Alternative syllabus: Should a
student be unable to work productively as a member of a team, that student may
be shifted to the alternative Mock Trial syllabus and be required to complete
an independent research project in lieu of participation on a team.
Such a shift will be made at the discretion of the instructors based upon the
collective interest of the team. The transfer to the alternative syllabus
will carry no academic penalty and the studentÕs grade will be based solely
upon the merits of the research project. The research project will focus
upon the particulars of the law relevant to the current case and will involve a
thorough investigation of Federal, Kentucky and Midlands law on the issue raised
by the case. The student will be required to summarize the case law and
statutes for all three jurisdictions and prepare a brief outlining the theory
of the prosecution and defense cases for all three jurisdictions.
The alternative syllabus is designed to prevent
interpersonal conflicts from undermining the functioning of the team. It
will not be used except in extraordinary circumstances. The judgments and
opinions of team members will not be determinative. The alternative
syllabus will not be used in the case of a violation under Part A, Section 3,
Part B, Section 6 or Part B, Section 7. The sanctions for violations of
these policies are described in the relevant sections of the syllabus.
5.
Composition of Regional and National Teams: At the end of the Fall semester, the instructorsÕ will
reconfigure the existing teams, as necessary, to create the teams that will
compete at the Regional Qualifying Tournament. Those students who are not assigned to the Regional Teams
will receive a final grade at the end of the Fall semester and will not
re-enroll in Mock Trial for the Spring semester. Because only a limited number of students can compete in
Regional tournaments, it is necessary to reduce the number of participants at
the conclusion of the Fall semester.
The denial of a ÒbidÓ to return for the Spring semester does not
constitute an academic penalty and will depend upon factors such as team
chemistry, the particular roles available in a given season and the relative
merits and talents of participants.
Student who do not receive a ÒbidÓ for Spring may be permitted to
participate in Mock Trial in the subsequent year. In addition, any student whose GPA drops below a 2.0,
resulting in Academic Probation, will be assigned a grade for the Fall semester
and will not be permitted to enroll for the Spring semester. The instructors expect all students to
maintain good academic standing at all times.
Although
the instructors may reduce the number of students at the end of the Fall
semester without imposing academic penalty, students who enroll in Mock Trial
are expected to make a two-semester commitment. Students will normally receive a grade of ÒIÓ at the end of
the Fall Semester, with a final grade to be awarded at the end of the Spring
semester. Failure to re-enroll for
the Spring semester may result in a failing grade for Fall.
6. Grading Scale: All students should read
the ÒPhilosophy of GradingÓ document posted in Blackboard under Òcourse
documents.Ó
A= at least 90%
of total points possible
B= at least 80%
of total points possible
C=at least 70%
of total points possible
D=at least 60%
of total points possible
B.
ADDITIONAL POLICIES AND PROCEDURES:
1. The University has provided a Mock
Trial budget. However, students should be prepared to cover some costs. The
exact amount covered by the budget is dependant on the location of the
tournaments, hotel and transportation costs, receipt of a bid for nationals and
factors unforeseen. Students should expect to pay for their own meals. We will
make every effort to limit the number of people per room.
2. Tournament rules require that most
competitors wear business attire. This means suits for attorneys and attire
appropriate to the character, status and position of each witness. Please be
prepared to dress appropriately during a three-day tournament. Dressing ÒappropriatelyÓ may also
require that students conform to typical courtroom standards in their personal
grooming (hairstyle, hair color, body jewelry, etc.)
3. During the weeks immediately prior to
competition, we may have extra class meetings. Students should reserve time for
additional rehearsals. Each team will have a regular meeting at least once per
week, in addition to the Wednesday meetings. We may also schedule the
occasional weekend practice session. As in any other class, students should do
preparatory work and additional rehearsal outside of meeting times.
4. Inadequate preparation will trigger a
series of dull, brutally difficult quizzes. Also note that the instructors
prefer to avoid quizzes and will be exceedingly irritated if forced to
implement them.
5. Assignment of students to teams and
to specific roles and duties is at the discretion of the instructors. The
instructors will make all final decisions as to which students play which roles
in competition and as to team and travel assignments. The instructors may also
reassign teams and roles as needed. In fact, you should anticipate that some
shifting of roles and changes in team composition will be necessary after
evaluating tournament performance. Reassignments are often based upon factors
other than the student's competence and should not be taken personally.
6. When attending tournaments, you
represent Eastern Kentucky University. You should recognize that we wish to
leave a favorable impression upon students and faculty from other institutions.
Any behavior that reflects poorly upon EKU(including but not limited to temper
tantrums at tournament, engaging in illegal behavior or excessive
"partying," and generally acting like a bunch of heathens) will be
penalized and sanctions under the terms outlined in Part A, Section 3 and Part
B, Section 7.
7.
Policy regarding alcohol and other drugs; illegal activity: The
consumption of alcoholic beverages, banned substances or illegally obtained substances
by members of the Mock Trial team, including captains, alternates, timekeepers,
graduate assistants and coaches, is prohibited during all mock
trial-related activities. The prohibition extends to all participants,
regardless of age and regardless of whether or not the consumption of alcoholic
beverages is otherwise legal for the individual in question. The policy
applies to mandatory practices on or off campus, to all meetings (voluntary or
mandatory) held on the EKU campus, to scrimmages and to all competitions.
For the purposes of this policy, ÒcompetitionÓ includes travel to and from the
tournament city. The policy will apply from departure until participants
return to their residences. The provisions in this policy shall also
apply to illegal behavior of any kind.
Any
participant who violates this policy will be subject to one or more of the
following sanctions:
¥ Immediate
suspension from the team, pending referral to Student Judicial Affairs. The suspension will
carry no academic penalty;
¥ Referral to
Student Judicial Affairs, for hearing, adjudication and sanctions in accordance
with University Policy;
¥ A suspension
from competitive activity, for a time period appropriate to the nature and
severity of the offense;
¥ An academic penalty of up to three
letter grades (for both Fall and Spring
semesters) under the ethics clause of the syllabus, depending upon the
nature and severity of the offense;
¥ Permanent
exclusion from participation in mock trial, depending upon the nature and
severity of the offense.
¥ For Graduate Assistants and Coaches:
Dismissal from position, referral to the Department Chair and/or Dean.
All
participants have an affirmative obligation to report violations of the drug,
alcohol and illegal activity policy. Those who have knowledge of
violations and fail to report said violations to the Program Director will be
subject to the same sanctions as the original offenders, including the academic
penalty. Reporting violations to a team captain or graduate assistant
is insufficient to fulfill the obligation to report under this syllabus.
EKU
Tournament: October 27-28, on campus
Blues
City Challenge, Rhodes College: Depart, Nov 15, return Nov 18
Other
tournaments TBA