Cal Poly – Fall 2017 POLS 295

FOUNDATIONS OF MOCK TRIAL (POLS 295-01)

Fall 2017 – T/Th 6:10 - 8:00 pm (34-228, Dexter Building)

Justin Cooley Office: Bldg. 47, Rm. 11M

jbcooley@calpoly.edu Office Hours: Mondays 6:30 - 8:30 PM
(805) 712-5984 (and/or online or by appointment)

COURSE DESCRIPTION

Every year the American Mock Trial Association sponsors intercollegiate mock trial
competitions. Students argue a fictional case in front of real judges. The Cal Poly Mock Trial
program provides an opportunity to learn practical skills in critical thinking, making
persuasive arguments in both written and verbal form, and collaboration with teammates.
While this introductory course will include some legal theory and procedure, the focus will be
on regular practice, in the form of scrimmages, to develop the skills necessary to compete at
the intercollegiate level.

A. COURSE OBJECTIVES AND METHODS

1. Course Learning Objectives

a. Will understand how trials in the United States are conducted, including having a
basic understand of the rules of evidence and courtroom procedure.
b. Will be prepared to compete in intercollegiate mock trial tournaments.
c. Will have had multiple opportunities to test and improve your oral presentation
skills, and will have received detailed instruction and feedback from me and
others about how to improve those skills.
d. Will have had an opportunity to test your critical reading, critical analysis, and
expository writing skills, and will have received detailed instruction and feedback
from me about how to improve those skills.
e. Will have learned how to work as a team with several of your classmates.

2. Grading Method
Your grade in the class will be determined based on the following assignments, which help me
to assesses your progress in mastering the Course Learning Objectives, above. Please see
Section C on Week-By-Week Assignments, below, for more detail.

10% Attendance
The main method of achieving the Objectives is by being present in class. Regular attendance
is necessary in order discuss our reading topics, have the opportunity to practice trial
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techniques, and to give and receive feedback to and from your classmates and Mock Trial club
members.

30% Participation in Scrimmages

As this is a practical “Learn by Doing” class, participation in scrimmages is an important part of
the class.

10% Online Quizzes

During several weeks, there are online quizzes available. Quizzes assigned will relate to the
assigned reading for that week and must be completed before 11:59 PM on Friday of the
respective week.

10% Short Papers (5% Theory of the Case and 5% Opening Statement)
See section on Theory of the Case, below.

10% Presentations (5% Theory of the Case and 5% Opening Statement)

Near the beginning of the quarter, you will make an in-class presentation based on one of your
Theories of the Case (more information, below) and a separate presentation based on your
Opening Statement.

30% Final Exam (Take home AND Scrimmage)

The final will test your knowledge of the case, the rules of evidence, and courtroom procedure.

I reserve the right to make changes to the course requirements during the quarter.

B. Readings on PolyLearn
A. Cal Poly Mock Trial Textbook, Version 6
B. AMTA Case Packet
C. Midlands Rules of Evidence
D. AMTA Rules

C. Class Assignments Available on PolyLearn

In general, class assignments will be available on PolyLearn at least two weeks ahead of time.
This allows me to make changes to planned assignments depending on the pace of the class.
That said, here are some important dates for this course:
• Our first class is Thursday, September 14th. Please read Chapter 1, Intro to Mock Trial
before our first class. Please also have skimmed the AMTA Case Packet.
• During our class on Thursday, September 21st, I will divide the class into teams. After the
teams are created, team members should meet and choose a team captain and divide up
roles (see Team Assignments, below)
• On Tuesday, September 26th, the Theory of the Case written assignment will be due. We
will also begin our oral presentations of the Theory of the Case.
• On Tuesday, October 3rd, the Opening Statement written assignment will be due. We will
also begin our oral presentations of Opening Statements.
• On Thursday, October 12th, there will be NO class session held. Instead, you should use this
time to practice with your team for the scrimmage that will begin on Tuesday, October 17th.
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D. Team Assignments

By Thursday of Week 2, I will divide you into teams. These teams may shift during the quarter
to re-balance teams, as necessary.

Over the weekend between Weeks 2 and 3, you will need to meet as teams. Here’s a list
of what you need to do:
1) Choose a captain (see AMTA Rules and MT Textbook for the captain’s duties)
2) Agree on who will be attorneys and who will be witnesses. These roles will probably change,
but you need to make assignments for the upcoming scrimmage.
3) Agree on which attorneys will present the prosecution and which will present the defense
case.
4) Agree on who will deliver the opening statement and closing argument for each side; the
third attorney will be your evidence and objections expert.
5) Try to agree on your theory of the case, and on your trial strategy (which witnesses you want
to call and which exhibits you will introduce). No matter what your theory is, you need to be
prepared to call and/or cross-examine every available witness.
6) Agree on who will portray the various witnesses:
a) Don’t forget that you may not get the witnesses you most want, so be sure to plan for
substitutions.
b) People assigned a witness role on the team should prepare at least two witnesses.
c) People assigned an attorney role should typically prepare at least one witness role as well.
(It should be obvious, but: plaintiff attorneys should portray defense witnesses, and vice
versa.)
d) Important: You should plan roles so that no matter what combination of witnesses gets
called, all the members of the team get to participate in roughly the same number of trials at
competitions. This may involve more than one person prepping the same role.
7) Begin discussing the theme for your case.
8) Outside Meetings
a) You will also need to begin meeting with your team outside of class, at least once a week.
b) Sub-units of your team will probably need to have additional meetings (for example, an
attorney and a witness they’re directing).

E. SPECIAL RULES ABOUT TEAMS

1. The Mock Trial club will form the “official” competition teams in December. The teams may
combine people from class and club teams.
a. The decisions about who to put on which team are made holistically, and take into
account many different factors. There is no one magic factor that determines
placement.
b. Please note that although we intend the rosters formed in December to be final, it
may be necessary to make changes during Winter quarter as well.

2. Members in good standing of “official” competition teams are eligible to take POLS 395 in
Winter quarter.
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3. Good Standing
a. Occasionally one or more members of a team don’t pull their weight—they don’t
do their fair share of the work, don’t come to team meetings, don’t return calls or
emails, and so on. Similarly, sometimes people are simply hard to get along with,
and cause problems for their teams.
b. If someone on your team is causing these kinds of problems, please come talk
with me as soon as possible. I’ll do my best to encourage them to get on board.
c. At the end of the quarter, when we are putting together our four official teams,
your team can declare members who are not pulling their weight to be in “bad
standing.”
i. You must take a formal vote to classify a member as being in “bad standing.”
ii. The vote must be unanimous (minus the member in question).
iii. If you are in “bad standing,” you are not eligible to take POLS 395 or join an
official team.

4. Personality Matches and Mismatches

a. I understand that sometimes people get along very well, and other times people
have personality conflicts.
b. Please tell me if there are people in the class that you either do or do not want to
work with. I’ll do my best to honor those requests.

F. Theory of the Case Papers

Every trial is ultimately a contest between two stories. Each party (plaintiff/prosecution and
defense) tells the jury or judge a story about what happened, and about how the various facts
fit together. The party whose story is more persuasive wins.

Your story about what you think happened, and about what legal consequences should follow
from what happened, is your theory of the case. Your theory must explain how the relevant
events occurred, what the various people involved did or did not do, and how all of that relates
to the relevant laws.

For example, imagine that Mr. X is found dead of a gunshot wound. Your theory of the case
needs to explain how Mr. X died (suicide? murder? accident?). You also need to explain the
actions of the other people in the case (Mrs. X, the butler, Mr. X’s business rival, Mr. X’s
estranged daughter, the police who examined the body, the person Mr. X had dinner with
shortly before dying, and so on). You also need to explain how the death and the actions of the
other people relate to the law. Did someone shoot Mr. X? If so, was it intentional, accidental, or
in self-defense? Did the police follow proper procedures during their investigation? Did the
butler call for help as soon as he found Mr. X bleeding in the library, or did he wait so long that
Mr. X was dead by the time help arrived? Finally, your theory of the case needs to wrap
everything up in the theme, a short tag-line that summarizes your theory for the jury: “Ladies
and gentlemen, this time the butler really did do it” or “Ladies and gentlemen, this is a case of
a man Too Mean to Rest in Peace—he killed himself, and arranged the scene to try to frame his
long-suffering wife.”
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At a minimum, your paper must contain: (a) a one-sentence statement of your basic theory of
the case; (b) a theme that summarizes the theory for the jury; (c) an explanation of how the
apparent violation of the law occurred; (d) an explanation of the actions of all of the major
characters in the drama; (e) an explanation of how any mistakes that you think were made
actually occurred; (f) an explanation of the legal significance of the actions of the various
characters (i.e., did someone break a law? if so, which one and how?); (g) an explanation of
which three witnesses you would plan to call to support your party’s theory, and what each of
those witnesses could contribute; (h) an explanation of what pieces of evidence you would seek
to introduce to support your party’s theory, and what those pieces of evidence could
contribute; (i) a discussion of the admissibility of the testimony and evidence you hope to
introduce, to the extent that you understand the rules of evidence enough to comment on
these issues.

G. Opening Statement Papers

More on this assignment as the quarter progresses.

H. Oral Presentations

You will make a five-minute oral presentation of your theory of the case for one of the parties (I
will tell you which party to present). Here I’m looking for two things: a good theory, and good
oral presentation skills. Take a look at Mock Trial Textbook for extensive explanations of what
makes for a good oral presentation.

I. Final Exam

The final exam will be broken into two portions—a take-home portion, and an in-class portion.

The take-home portion will consist of several parts:

(a) A 5-7 page essay based on your role on your team.

(b) A requirement for you to submit 10 factual questions and answers based on one of the
witnesses you portray, direct, or cross

(c) A requirement for you to submit 10 objections questions based on one of the witnesses you
portray, direct, or cross

The in-class portion will also consist of a final scrimmage between teams.

I. COURSE POLICIES

A. Academic Integrity / Cheating / Plagiarism

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1. All of the assignments you turn in during this course must be your own independent and
original work, unless I explicitly give you other instructions.

2. It is your responsibility to know how to complete the work independently, and to know how
to document any use you make of other people’s ideas. If you do not know how to do these
things, please come talk with me BEFORE your work is due, and I will explain them to you. I will
not accept ignorance as an excuse for academic dishonesty.

3. The Cal Poly Campus Administrative Manual defines cheating and plagiarism as follows:

684.1 Definition of Cheating 


Cheating is defined as obtaining or attempting to obtain, or aiding another to obtain
credit for work, or any improvement in evaluation of performance, by any dishonest or
deceptive means. Cheating includes, but is not limited to: lying; copying from another's
test or examination; discussion of answers or questions on an examination or test,
unless such discussion is specifically authorized by the instructor; taking or receiving
copies of an exam without the permission of the instructor; using or displaying notes,
"cheat sheets," or other information devices inappropriate to the prescribed test
conditions; allowing someone other than the officially enrolled student to represent
same.

684.3 Definition of Plagiarism 


Plagiarism is defined as the act of using the ideas or work of another person or persons
as if they were one's own without giving proper credit to the source. Such an act is not
plagiarism if it is ascertained that the ideas were arrived through independent reasoning
or logic or where the thought or idea is common knowledge. Acknowledgement of an
original author or source must be made through appropriate references; i.e., quotation
marks, footnotes, or commentary. Examples of plagiarism include, but are not limited to
the following: the submission of a work, either in part or in whole completed by
another; failure to give credit for ideas, statements, facts or conclusions which rightfully
belong to another; failure to use quotation marks when quoting directly from another,
whether it be a paragraph, a sentence, or even a part thereof; close and lengthy
paraphrasing of another's writing without credit or originality; use of another's project
or programs or part thereof without giving credit.

4. Technical Mistakes vs. Academic Dishonesty

a. If in my judgment a student’s failure to properly give credit for someone else’s

work or ideas represents only a technical mistake, I will impose grade penalties up
to and including a zero on the assignment. (Other penalties may also apply,
depending on the circumstances.)
b. If in my judgment the failure to give credit is such that the only reasonable
explanation is that the student did know or should have known that they were
representing someone else’s ideas as their own, I will impose the cheating/
plagiarism penalties explained below.
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5. The Campus Administrative Manual permits, and I will impose, the following punishment for
cheating or plagiarism:

a. An “F” grade in the course.

b. That the student stop attending class, unless an appeal is pending.
c. That the professor formally notify the office of the Vice President of Student
Affairs through the Office of Student Rights and Responsibilities.

6. If you are accused of cheating / plagiarism, you have the right to appeal. The first level of
appeal is through the POLS department chair. After that, you would go to the Office of Student
Rights and Responsibilities.

7. The Political Science department has its own academic integrity policy, which differs from the
campus-wide policy. I encourage you to read the department policy, which is available in the
department office and on the web page.

B. Classroom Protocol

1. This stuff is obvious, and you already know it. However, just to be explicit about my
expectations:

a. Students are expected to attend and be prepared for ALL regularly scheduled
classes.
b. Students are expected to arrive on time and stay in class until the class period
ends. If a student knows in advance that he/she will need to leave early, he/she
should notify the instructor before the class period begins.
c. Students are expected to treat faculty and fellow students with respect. For
example, students must not disrupt class by leaving and reentering during class,
must not distract class by making noise, and must be attentive to comments
being made by the instructors and by peers.

C. Cal Poly Email Account

1. From time to time I will send email to your Cal Poly email account. Please be sure that you
either check this account regularly, or that you set it up to forward to whatever account you do
check regularly.

D. If You Join The Class Late (After the First Class Meeting)

1. While you are welcome to join the class after the first meeting, it is your responsibility to
make sure that you complete any assignments you may have missed, and also to familiarize
yourself with the course rules and requirements.

2. Please check this syllabus carefully to see if you have missed any assignments. If you have,
please talk with me immediately about making them up ASAP.

E. If Disaster Strikes…
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1. Even though professors like to think that the world revolves around our classes, it does not.
People still get sick, injured, depressed, and confused, and their families and friends still have
problems and crises of their own. If disaster strikes in your life during the semester, COME
TALK WITH ME AS SOON AS POSSIBLE.

2. I will be very sympathetic if you tell me early about problems that are preventing you from
keeping up with the coursework. If you wait until your paper is, say, 4 weeks late, I will be very
unsympathetic.

F. ADA / DRC / Disabilities

1. If you have a diagnosed learning disability, or any other disability that interferes with your
ability to complete the coursework, you may be entitled to a variety of accommodations (extra
time on tests, a quiet testing room, using a computer during exams, and so on). I will be very
happy to provide accommodations, but ONLY to students who have been certified as needing
them through the university’s Disability Resource Center (DRC).

2. It is your responsibility to acquire the necessary certification from the DRC, and to inform me
about it in a timely manner. If you require testing accommodation, you will probably need to
take quizzes and exams at the DRC’s proctoring center, which schedules several weeks in
advance.

G. Learning Resources — Cal Poly offers many learning resources to students, some of which
may be helpful to you in this class.

1. Student Academic Services — offers workshops, tutoring, and on-going support for general
academic skills and some particular courses; see: http://www.sas.calpoly.edu/

2. Health and Counseling Services — offers extensive resources and services for physical and
mental health; see: http://www.hcs.calpoly.edu/

3. Writing and Rhetoric Center — offers extensive support for students who want to improve
their writing skills; see http://www.calpoly.edu/~wrtskils/

H. Unclaimed Course Materials

1. Any course materials (papers, quizzes, exams) that are not returned to you during the term
will be available for pickup in my office for one quarter after the end of the course (in
accordance with Campus Academic Manual Appendix XI). After that, I will discard them.

I. Quiz Policies

1. Internet Problems
a. Every quarter, a few people have computer or internet problems while taking the
online quizzes. These are usually easily fixed, but you have to let me know about
them for me to be able to fix them. Please tell me ASAP about any problems.
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b. BTW, this is another reason not to leave the quizzes until the last minute---if you
have a problem, I may not be able to fix it in time. Since you have plenty of time
to do the quizzes, I will not be sympathetic if last-minute glitches lead to a low
quiz average.

J. Grading Policy

1. Rounding – I round all course grades to the nearest whole number (thus an 81.4 becomes an
81 and an 81.5 becomes an 82).

2. Grade Equivalents

Letter Grade Equivalents to Numerical Grades

100 – 98 A+

97-93 A

92-90 A-

89-87 B+

86-83 B

82-80 B-

79-77 C+

76-73 C

72-70 C-

69-67 D+

66-63 D

62-60 D-

59-0 F