WEEK 11 TEACHING NOTES
The small groups turn this week to opening statements, with each student expected to give an eight minute opening for the side they will be representing in the final trials. Please note that for the final trials, each side will have ten minutes for its opening.
Start by having the students give the first minute of their opening. Do this by going around the room having the student give the first minute and then giving a brief critique. The purpose of the exercise and the focus of the critiques are on having the students give a concise and persuasive presentation of their case theory and theme. Does the first minute tell the jury and/or judge what the case is about phrased in such a way that if the jury and/or judge heard only that first minute, they would say you should win? The entire exercise should take no more than 15 minutes and should not be taped.
Following the one minute drill, have each student give an opening, alternating plaintiff and defendant. Cut the student off at no more than eight minutes and then critique the performance. Historically, this session runs long. Please be very mindful of the time. If the first 15 minutes are devoted to the one minute drill, and you have 8 in your class, you will only have 10 minutes for presentation and critique. Please note that the class syllabus directs the students to give an eight minute portion of a complete opening statement rather than a complete opening statement in eight minutes.
Sometimes you will hear a complaint that the potential opponents for the final trial will get a preview of the opening and case theory they will be facing. My response is “So what?” They are not being graded on whether they win or lose the trial, but on how well they perform. And each side should have the same advantage. Tell them to consider it a retrial after a mistrial.
Building Block #10 serves as a guide as to topics on which to critique.