Dr. Sara Zeigler                             Mr. Thomas Parker
McCreary 114                                McCreary 222
622-5931                                        Thomas.Parker@eku.edu
Sara.Zeigler@eku.edu                        
www.people.eku.edu/zeiglers     


POL 466A and B – Mock Trial
Fall 2008 and Spring 2009

Fall:         Tuesdays and Thursdays, 3:30-6, 2 credit hours per semester
Spring:     Tuesdays and Thursdays, 3:30-6


REQUIRED TEXTS:

Case and Rules from the American Mock Trial Association (available on AMTA website and in class)
Student’s Guide to Hearsay (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 American Mock Trial Association competitions during the 2008-2009 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:

Political Science:

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, 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.


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 and absences from those meetings will count as missed classes.  Unexcused absences from scrimmages will also count as missed classes.

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 25-26, 2008 and the Tobacco Road Tournament in Durham, North Carolina, scheduled for November 21-24, 2008.  Some students will be chosen to attend additional competitions.  Attending tournaments to which you are assigned is a course requirement – 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.


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:
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 and not for the convenience of the student.  The transfer to the alternative syllabus will carry no academic penalty and the student’s 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.  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 may be 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.  Students who do not receive a “bid” 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.

6. Grading Scale

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
F    =    fewer than 60% of total points possible
 ADDITIONAL POLICIES AND PROCEDURES:

1. Costs

The University has provided a Mock Trial budget. However, students should be prepared to cover some costs. The exact amount covered by the budget will depend on the location of the tournaments, hotel and transportation costs, receipt of bid(s) 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. Attire

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. Extra class meetings; additional preparation

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.  The instructors will select a class day to work intensively with each team and will schedule the team meetings on the alternative class day.  All students are expected to be present for the full class period every Tuesday and Thursday.  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

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 roles

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. Academic Integrity

Students are advised that EKU's Academic Integrity Policy will strictly be enforced in this course.  The Academic Integrity policy is available at www.academicintegrity.eku. Questions regarding the policy may be directed to the Office of Academic Integrity.

7. Behavior while attending tournaments

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 "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.

8. 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:
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 (Dr. Zeigler) will be subject to the same sanctions as the original offenders, including the academic penalty.  Reporting violations to a team captain or graduate assistant or coach is insufficient to fulfill the obligation to report under this syllabus.
 TOURNAMENT SCHEDULE

Fall Semester:

Oct. 27-28   
Robert E. Sanders Mock Trial Invitational Tournament
Lexington Courthouse, Lexington, KY
All students will attend.

Oct. 31-Nov 3    Great American Mock Trial Tournament
Washington, DC
One EKU team will attend.

Nov. 14-16
Derby Challenge
Bellarmine University, Louisville, KY
One EKU team will attend.

Nov. 21-24  
Tobacco Road Invitational
Durham, NC
All students will attend

Spring Semester:

Jan. 30-Feb. 2   
Ramblin’ Wreck Mock Trial Tournament
Georgia Tech University, Atlanta, GA
All students will attend

TBA – early Feb.    American Mock Trial Association Regional Tournament

TBA – a weekend in March    American Mock Trial Association Opening Round Championship
(pending qualification)

Apr. 17-19    American Mock Trial Association National Championship Tournament
(pending qualification)

Note:     The tournament schedule above is subject to change.