General Course Descriptions for Terms: negotiations
743 - Negotiations/Mediation
Examines a range of processes encountered by lawyers, including negotiation of, inter alia, injury claims, criminal charges, family disputes, and commercial disputes, as well as participation of their parties (mediators, judges).
801 - Evidence
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.
849 - Pre-Trial Advocacy
This class teaches the important skills that lawyers use up until the time of trial. Through simulations, written assignments, and class discussions, you will learn about interviewing a client, planning a litigation strategy, drafting pleadings, conducting discovery (both drafting written discovery requests and taking/defending depositions), and drafting/arguing a motion, all within the context of a real case. Since the vast majority of cases settle before trial, a lawyer's success has at least as much to do with mastery of the nuts and bolts of pre-trial advocacy as courtroom prowess. The seminar will use a simulation approach to cover skills that include: (1) Interviewing and counseling a client, (2) Drafting a complaint, (3) Drafting and responding to discovery requests, (4) Taking and defending depositions, (5) Drafting of pre-trial submissions, including motions, and (6) Participating in the meet and confer process and settlement negotiations.