Litigation Concentration

This is an advanced course that emphasizes the practical application of principles and rules of evidence. It is founded on the premise that trial lawyers should know the rules of evidence and understand how to use them in the courtroom to their advantage and on the realization that the rules affect both tactical and substantive decisions about the presentation of a case. This course is for students who seek either a more thorough and practical foundation in the field of evidence or who plan to become trial advocates. Please check the most recent course registration information to determine if this course meets the Experiential Education/Professional Skills requirements.

Deals with the Article III courts, with special emphasis on the relationship among constitutional, statutory, and judicially imposed restrictions on the jurisdiction of federal courts. The relationship between state and federal courts is analyzed, as is the historical growth of federal judicial remedies for civil rights violations. The law-making authority of the federal courts and their relationship with the federal legislative and executive branches also are considered.

Students will be placed in the Civil Division of the US Attorney’s Office in Boston and will be under the supervision of a designated assistant US attorney. Students will work with assistant US attorneys on a wide variety of matters that fall within the jurisdiction of the Civil Division. The bulk of the work will involve research and writing on litigation-related legal issues that are directly pertinent to the subjects covered in the Federal Courts class (e.g. justiciability and immunity defenses, government enforcement actions, civil rights litigation). Students will prepare memoranda and drafts of arguments to be included in briefs, may assist in discovery or case investigation, may attend court hearings, and will generally assist in the normal work of the office. Students will submit weekly journals, describing and reflecting on their experiences in the field, and will meet in a series of seminars with the course instructor and/or the Clinical Director to explore the relationship between the principles covered in the substantive class and the students’ fieldwork. The US Attorney’s Office only accepts students for the 15-hour (3-credit) version of this clinic. NOTE: ELIGIBILITY FOR THIS COURSE IS DEPENDENT ON SUCCESSFUL COMPLETION OF A BACKGROUND CHECK. Prerequisite/Corequisite FC379. This course satisfies the Experiential Education/Professional Skills Requirement.

This clinical course gives students an opportunity to participate in and to analyze the work of a lawyer in a government setting. Participants will spend 12 hours per week working in the Massachusetts Attorney General’s Office under the supervision of assistant attorneys general or another government agency. Students may assist with various aspects of litigation, such as research, investigation, pleadings, discovery, motions, trials, and appeals. Students must attend a weekly, two-hour class that will explore the skills required in representing the government as well as such policy issues as defining the “public interest” and the conflicts between representing the public and defending the government. NOTE: ELIGIBILITY FOR THIS COURSE IS DEPENDENT ON SUCCESSFUL COMPLETION OF A BACKGROUND CHECK. Prerequisites/corequisites include Evidence or Trial Practice. This course satisfies the Experiential Education/Professional Skills Requirement.

Offers a small number of highly qualified students an opportunity to sharpen research and writing skills and to observe and work on the judicial side of the profession. Each student in the program works for a semester as a law intern for a state or federal judge. The number of credits earned depends on the placement and the number of hours spent working on the internship. Students ordinarily spend between 10 and 20 hours per week in the internship and, in addition, meet regularly with the faculty supervisor of the program. Each student engages in legal research and writing for the assigned judge and maintains a journal detailing the experience in the internship. Selection is very competitive. This course satisfies the Experiential Education/Professional Skills Requirement.

Teaches the fundamentals of intellectual property litigation, including pre-filing considerations, discovery, specialized proceedings, the use of liability and damages experts, summary judgment practice, trial preparation, and trial. Please check the most recent course registration information to determine if this course meets the Experiential Education/Professional Skills requirement. This course may be offered every other year. Please note that students must be currently taking or have previously taken at least one of the corequisite courses.

This one-semester course serves as an introduction to civil litigation. Students attend a 2-hour weekly class and perform 16 hours per week of clinical work, working on civil cases through the Clinical Law Office or other legal services offices, such as Greater-Boston Legal Services. Students represent clients under Rule 3:03 of the Supreme Judicial Court, the student practice rule, and may assume responsibility for all phases of cases they handle. Students meets on a weekly basis with their assigned supervisor to discuss progress and strategy on the student’s cases, and are responsible for handling cases until the end of the examination period. The major objective of the course is to develop a conceptual framework within which students can understand and evaluate their own experience in practice, both during the course and in future practice. The skills studied include client interviewing, case planning, investigation/discovery, client counseling, negotiation, argument, and the presentation of evidence. In addition to providing the opportunity to develop skills, the course examines institutional and ethical problems that arise in the student’s practice. Written work includes short papers and an examination. Prerequisites/corequisites include Evidence or Trial Practice. This course satisfies the Experiential Education Requirement.

Students are introduced to the principles of conflict resolution through the mediation process and through evolving mediation hybrids, including learning about the legal, ethical, sociological, and procedural aspects of mediation through a series of simulated exercises. Students participate directly in simulations drawn from many areas involving conflict, such as family law, trusts and estates, land use and real estate, business, sports law, construction, entertainment, and employment. During the second half of the course, the focus is on the role of lawyers in the mediation process and the skills needed to be an effective and appropriate advocate in resolving disputes for clients. Please check the most recent course registration information to determine if this course meets the Experiential Education/Professional Skills requirements.

Offers an integrated survey of the legal and equitable remedies available in contracts, property, and torts actions, with special attention given to temporary restraining orders, preliminary injunctions, and the contempt power; the components of and adjustments to compensatory damages; the limitations on punitive damages; and restitution.

Explores the theory and the art of resolving conflict through negotiation. Various styles are presented for comparison and analysis. Students are urged to evaluate their own intuitive style and to experience others. Practical experience is achieved through one-on-one and group negotiations exercises. The theory of conflict, strategic choice, ethical issues, and the negotiator’s dilemma are presented in a variety of substantive contexts. Please check the most recent course registration information to determine if this course meets the Experiential Education/Professional Skills requirement.

This course covers advanced concepts in civil litigation, including the finer points of forum selection (jurisdiction, venue, removal), choice of law, pleading and motion practice, class actions, multi-district litigation, preclusion, and settlement. Emphasis will be placed on the strategic application of rules and doctrine in a litigation setting. The course is intended to serve as a capstone for students completing the Litigation Concentration and others who are interested in litigation practice.

This skills course is designed to prepare students for the trial phase of litigation. Although it presumes prior knowledge of the substantive areas of law covered during the first two years of law school, especially evidence, the course itself concentrates on trial procedure and the development of jury trial advocacy skills. Students conduct complete mock trials in which they participate as parties, witnesses, and counsel. Problems faced by students acting as counsel include jury selection, opening statements, closing arguments, examination of witnesses-including opinion testimony, offers of exhibits, objections to evidence, and impeachment of witnesses. Mock trial exercises are critiqued by the instructor and class members. Consideration also is given to client interviews, investigation, discovery, pleadings, pretrial motions, and the preservation of rights to appeal. Please check the most recent course registration information to determine if this course meets the Experiential Education/Professional Skills requirement.