General Course Descriptions for Terms: evidence
This course provides an introduction to the law of contracts. It will cover the following topics: remedies (including expectation- and reliance-based damages, specific performance, and restitution); formation of contract (offer, acceptance, consideration, intention to create legal relations); Statute of Frauds; parol evidence rule; voidness or unenforceability (illegality, minor status, intoxication, mental incapacity, duress, undue influence, fraudulent misrepresentation, breach of duty of good faith, unconscionability); penalty clauses, restrictive covenants, exculpatory clauses, arbitration clauses, at-will employment contracts, promissory estoppel, constructive trusts, and warranties. By the end of this course, you should be able to: · master the fundamental rules and policies of contract law; · identify rules and policy in judicial decisions; · spot and analyze a legal issue in a problem-based fact pattern; and · recognize the various sides of a legal issue and effectively articulate the strengths and weaknesses of each.
The rules of evidence define how facts are proven in civil and criminal litigation. While this body of law is set in the context of formal trial practice, understanding evidentiary principles provides the foundation for advice and negotiations in law practices of all types. The course will focus on the Federal Rules of Evidence while noting significant differences with important Wisconsin Rules of Evidence. Students will gain a broad, working knowledge of evidentiary rules and their foundational policies along with an in-depth understanding of how to apply specific rules in specific circumstances. With an emphasis on the practical application of the rules of evidence, analysis of appellate case law will play a limited role in the course. Instead, class discussions will emphasize hands-on solving of specific problems, formulating questions, making and ruling on objections, and planning how to get facts before a jury or judge. From time to time students will learn through presenting an assigned rule to the class and answering related evidentiary problems, as well as role-playing in realistic trial simulations. COURSE LEARNING OUTCOMES: When students successfully complete this course, they should: 1. Be capable of applying the Rules of Evidence to determine the admissibility of evidence in a litigation context. 2. Be capable of contemplating and incorporating the effects of the Rules of Evidence when structuring transactions and interactions even where there is no litigation. 3. Be capable of identifying how the Wisconsin Rules of Evidence materially differ from the Federal Rules of Evidence. 4. Be prepared to succeed in a Trial Advocacy or Advanced Trial Advocacy course given established fluency in the Rules of Evidence, allowing students to focus on learning and effectively practicing trial skills.
Immigrant Justice Clinic Course Learning Outcomes: • You will competently engage in case management, such as using case management software, file organization, timekeeping, and notetaking. • You will effectively and sensitively solicit information from clients in interviews and learn to use trauma-informed interviewing skills. • You will be able to evaluate the various options available to clients, estimate the pros and cons, explain these to the client, and recommend a course of action. • You will be able to understand and apply substantive immigration law related to removal defense at a basic level. • You will be able to research complicated questions of immigration law. • You will demonstrate effective legal writing, such as correspondence, affidavits, motions, and memoranda of law. • You will demonstrate oral advocacy skills, such as informal advocacy, direct examination, opening and closing statements, and the ability to extemporaneously dialogue with an adjudicator. • You will engage in strategic planning, such as deciding how to frame a theory of the case, what evidence to pursue and submit, what motions to file, and what witnesses to call to testify. • You will develop and refine your own definition of what it means to be a legal professional, incorporating the rules of professional conduct and your own values. • You will collaborate with other students and work through collaboration difficulties.
Forensic evidence used in criminal cases has come under intense scrutiny recently because few of the methods have been scientifically validated and some have been proven to be highly unreliable. This course brings together law students and graduate science, technology, engineering, and math (STEM) students to examine Law & Forensic Science. The course is divided into two distinct segments. The first half of the class involves presentations by faculty and leading scientists, lawyers, and scholars on the legal system & processes, the fundamentals of science, and the challenges confronting the forensic disciplines, including close scrutiny of many of the dominant forensic techniques in use today. For the bulk of the remaining time, the course turns to examining more deeply these issues in a practice setting—in-class mock hearings or mock trials—in which law students assume the roles of the attorneys litigating forensic science issues, and the STEM students assume the roles of expert witnesses in the various disciplines.
Arbitration is a process that involves a third-party neutral, who is granted jurisdiction to issue “final and binding” (usually) decisions through a privately- (or sometimes legislatively-) established adjudicatory process. Although still referred to under the umbrella of “alternative” approaches to dispute resolution, arbitration has become a mainstream method for resolving conflicts. Used in the mid-twentieth century primarily for application in the collective bargaining environment, the use of arbitration has expanded into nearly every conceivable category of dispute: employment, commercial, construction, securities, domestic, and sports, among others. This course will explore the process and practice of arbitration. Through an examination of episodes of the first season of the popular 1980s television show “Love Boat”, the course will engage students in a semester-long mock arbitration case from evidence-gathering through the hearing phase. In the process of preparing for and presenting the case, students will be introduced to readings, guest speakers (time permitting), and analytical discussions focused on fundamental arbitration concepts that will be applicable in many future settings. Learning Objectives: 1. Become familiar with the nuts and bolts of the arbitration process. 2. Understand the legal and philosophical foundations of the arbitration process. 3. Through a simulated case, practice applying the theories and techniques of arbitration as an opportunity for reflection and evaluation.