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Appellate Advocacy (Zauzmer)
Fall 2020   LAW 612-001  

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Meeting Times/Location
M 5:00PM - 7:00PM

Faculty
Robert Zauzmer

Lecturer in Law

bob.zauzmer@usdoj.gov
Additional Information
Experiential Course

Yes

Skills Training
Oral Presentations
Drafting Legal Documents

Grading
10% Participation,
90% Other (Written briefs and motions, and oral arguments.)

Satisfies Senior Writing Requirement

With Permission of Instructor

Location

Class meets online.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.

Category
Upper-Level

Credits
3.0

The purpose of the seminar is to address the nuts and bolts of appellate practice, and teach appellate advocacy skills in writing and oral presentation through class discussion, assignments, and detailed feedback. While the course will focus on appellate practice, it will teach writing and oral advocacy skills which are essential in litigation before any court and in almost any form of legal practice. The course will cover best practices and strategies in oral and written advocacy, and pertinent ethical responsibilities of counsel.

The course will center around three major assignments. First, students will write a pleading and present oral argument with respect to a motion to the district court to certify issues for interlocutory appeal in a civil matter challenging a strip search of a juvenile arrestee by municipal officials. Second, students will prepare a bench memo regarding a case scheduled for argument in the United States Court of Appeals for the Third Circuit (and attend or listen to the actual argument in the case). Third, students will prepare a comprehensive appellate brief and present oral argument in an appeal by the United States of an order suppressing evidence in a criminal case.

If possible, in place of two regular class sessions, the class will attend appellate arguments in the United States Court of Appeals for the Third Circuit, and in the Pennsylvania Superior Court.

The pertinent background materials for all assignments will be provided, and additional legal research is permitted but not required. Rather, the focus of the assignments will be on crafting persuasive written arguments, and then advocating those positions in oral arguments. Class attendance is expected, and participation in class discussions will be encouraged. Class is limited to 12 students, with preference given to 2Ls.

Course Concentrations

Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.

Constitutional Law Learning outcomes: Demonstrate a core understanding of constitutional law; Perform legal analysis in the context of constitutional law; Communicate effectively on topics related to constitutional law; Demonstrate an understanding of constitutional law affects other areas of law.

Courts and the Judicial System Learning outcomes: Demonstrate a core understanding of both substantive and procedural issues in the operation of our legal system; Perform legal analysis in the context of procedural issues and the judicial process; Communicate effectively on topics related to procedure and the judicial process; Demonstrate an understanding of how procedural issues and the judicial process affect all other area of our legal system.

Criminal Law and Procedure Learning outcomes: Demonstrate a core understanding of criminal law and procedure; Perform legal analysis in the context of criminal law and procedure; Communicate effectively on topics related to criminal law and procedure; Demonstrate an understanding of the role criminal law and procedure play in society and their impact on other areas of law and society.

Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Professional Responsibility and Ethics Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.


Textbooks

"The Winning Brief" by Bryan A. Garner
Edition: third
Publisher: Oxford
ISBN: 9780199378357
Required

"The\Winning Oral Argument:Enduring Principles with Supporting Comments from the Literature" by Bryan A. Garner
Edition: latest edition
Publisher: West Academic Publishing
ISBN: 9780314198853
Required