Dr.
Sara Zeigler
Mr. Thomas Parker
McCreary
114
Thomas.Parker@eku.edu
622-5931
www.people.eku.edu/zeiglers
POL
466A and B
Fall
2006 and Spring 2007
Fall:
Wednesdays, 3:30-6, 2 credit hours per semester
Spring:
Tuesdays, 3:30-6, 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
instructors'
evaluation of preparation and in-class performance will constitute
forty
percent (40%) of the course grade. "Class" 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 22-23, 2006. Some students
will be
chosen to attend additional competitions. Attending tournaments
to which
you are assigned is a course requirement and 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-
placing
one's individual interests above those of the team
failing
to treat colleagues with due respect
lying to
colleagues or instructors
engaging in dishonesty in any matter related
to Mock Trial
violating the rules outlined in the AMTA fact situation and rules,
including
all rules related to courtesy
engaging
in irresponsible behavior that puts others at risk
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
instructors' 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 instructors' 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 "bid" 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 "I"at the end of
the Fall Semester, with a final grade to be awarded at the end of the
Spring
semester. Students who do not enroll for the Spring semester may
be given an "F" for the Fall semester.
6.
Grading Scale:
All students should read
the "Philosophy of Grading" document posted in Blackboard under "course
documents."
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 "appropriately" 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, "competition" 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 28-29, on campus
Middle
Tennessee State University: Depart Nov 9, return Nov 11
Blues
City Challenge, Rhodes College: Depart, Nov 16, return Nov 19
NYU
Downtown Invitational Classic: Depart, Dec 1, return Dec 5
Demon
Deacon Invitational, Wake Forest: Depart Jan 12, return Jan 15
Desert
Classic, Tucson, AZ: Depart Jan 19, return Jan 22
Regional
Tournament, Miami University, Depart Feb 2, return Feb. 4.
National
Tournament (if we qualify): March 2007 (weekend to be determined Ð
do not make
Spring Break plans!)
Championship
Tournament (if we qualify): April 2007