Evidence and the Advocate: A Contextual Approach to Learning Evidence

Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.