Trial practice is an upper-level course offered in most American law schools designed to teach future litigators the fine points of presenting a case to a judge and jury. Unlike most law school courses, a trial practice class has very little discussion of substantive law, and is focused on the practical application of public speaking, narrative, and using body language to communicate a particular set of events to the triers of fact. Trial practice also contains elements of strategy, teaching students how to decide the order in which witnesses should testify, when exhibits should be introduced, and how to trap opposing witnesses into giving testimony that damages their side.
Evidence is the area of substantive law most reinforced by a trial practice course, with students learning how to apply evidence law in a real-life setting, including learning when they can object to questions asked of witnesses, what objections to raise, and how to effectively present objections.
Trial practice courses may have a classroom component. Also, trial practice courses will usually have an ongoing "lab" component where an attorney will instruct a small group of students on trial skills and assist them in honing their craft. Often, students practice against one another in mock trials throughout the course; for example, students may be divided into groups of 4, with each group containing two teams who practice against one another in mock trials.
Rather than a final exam, the course may culminate in a mock trial with volunteer "witnesses".
Evidence-based medicine (EBM) is an approach to medical practice intended to optimize decision-making by emphasizing the use of evidence from well-designed and well-conducted research. Although all medicine based on science has some degree of empirical support, EBM goes further, classifying evidence by its epistemologic strength and requiring that only the strongest types can yield strong recommendations; weaker types can yield only weak recommendations. The term was originally used to describe an approach to teaching the practice of medicine and improving decisions by individual physicians about individual patients. Use of the term rapidly expanded to include a previously described approach that emphasized the use of evidence in the design of guidelines and policies that apply to groups of patients and populations. It has subsequently spread to describe an approach to decision-making that is used at virtually every level of health care as well as other fields.
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, as opposed to common law systems.
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted.
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the movant, or may simply be the moving party. The party opposing the motion is the nonmovant or nonmoving party.
A mock trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or experiment with each other. Mock trial is also the name of an extracurricular program in which students participate in rehearsed trials to learn about the legal system in a competitive manner. Interscholastic mock trials take place on all levels including primary school, middle school, high school, college, and law school. Mock trial is often taught in conjunction with a course in trial advocacy or takes place as an after school enrichment activity. Some gifted and talented programs may also take place in one.
Legal psychology involves empirical, psychological research of the law, legal institutions, and people who come into contact with the law. Legal psychologists typically take basic social and cognitive principles and apply them to issues in the legal system such as eyewitness memory, jury decision-making, investigations, and interviewing. The term "legal psychology" has only recently come into usage, primarily as a way to differentiate the experimental focus of legal psychology from the clinically-oriented forensic psychology.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. Although federal courts are required to apply the substantive law of the states as rules of decision in cases where state law is in question, the federal courts almost always use the FRCP as their rules of civil procedure.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts.
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues.
A lesson plan is a teacher's detailed description of the course of instruction or "learning trajectory" for a lesson. A daily lesson plan is developed by a teacher to guide class learning. Details will vary depending on the preference of the teacher, subject being covered, and the needs of the students. There may be requirements mandated by the school system regarding the plan. A lesson plan is the teacher's guide for running a particular lesson, and it includes the goal, how the goal will be reached and a way of measuring how well the goal was reached.
A double-barreled question is an informal fallacy. It is committed when someone asks a question that touches upon more than one issue, yet allows only for one answer. This may result in inaccuracies in the attitudes being measured for the question, as the respondent can answer only one of the two questions, and cannot indicate which one is being answered.
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government. The right only applies to criminal prosecutions, not civil cases or other proceedings.
Hearsay evidence, in a legal forum, is testimony from a witness under oath who is reciting an out-of-court statement, content of which is being offered to prove the truth of the matter asserted.
Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is taught in primary, secondary, and undergraduate schools. It is taught as an essential trade skill for litigators in law schools and in continuing legal education programs.
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence in violation of the rules of evidence or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The judge then makes a ruling on whether the objection is "sustained" or "overruled". An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question.
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court".
If a defendant in England and Wales is identified as being vulnerable, special measures can be taken to allow a non-registered intermediary to assist them during their trial. Around two thirds of all offenders have communication difficulties and there is a high demand for non-registered intermediaries in the criminal courts. The first practical use of a defendant intermediary in a major trial is believed to be a murder case before a high court judge. If an intermediary is to be used the court should then attempt to find an appropriate intermediary. HMCTS staff have been issued with guidance which includes the list of several professional organisations that may be able to assist in providing an intermediary. The two largest providers of intermediaries for defendants in the criminal and family courts are Communicourt and Triangle
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