The Litigation Curriculum
"Litigation" refers to the resolution of legal disputes through the court system. It encompasses everything from traffic court and small claims to murder trials, class-action suits, and Supreme Court cases on the posting of the 10 Commandments. Litigators must be competent in three areas: the substantive law governing the subject-matter of the dispute (contracts, family law, criminal law, civil rights, torts, etc), the procedural law governing how the court system works at all three phases of litigation (pretrial, trial, and appeal), and the principles of good advocacy.
The first year of law school gives students preliminary exposure to all aspects of litigation except trial practice. Students are introduced to the substantive areas of law common to litigation (contracts, torts, property, criminal and constitutional law) and to pretrial civil litigation procedure. In the Research and Writing program, students are introduced to appellate procedure and to written and oral advocacy. Anyone interested in litigation should continue to take courses and pursue co-curricular offerings in those areas. See the Guide to Litigation-Related Courses .
At the heart of the second- and third-year litigation curriculum are four courses and two co-curricular programs.
- Evidence
- Trial Advocacy
- Advanced Trial Practice
- Trial Competition
- Law School Trial Tournament
- Sherman Minton Moot Court Competition
Students who want only a basic introduction to trial practice should take Evidence and Trial Advocacy. Evidence must be taken first, and is a pre-requisite to Trial Advocacy. These courses are usually offered both semesters. Evidence is taught by Professors Bethel, Orenstein and Tanford. There is little difference among the courses, and the Trial Advocacy instructors report no noticeable differences among students' abilities to use evidence at trial that can be attributed to which section of Evidence they took.
Students who are serious about becoming effective litigators have several opportunities for more advanced instruction. They can enroll in Appellate Advocacy and participate in the Sherman Minton Moot Court Competition to improve their written and oral advocacy skills. If they take both Evidence and Trial Advocacy in their second year, they will have the prerequisites to enroll in Advanced Trial Practice, Trial Competition, Clinical Courses and Externships in their third year.
- a) The Law School Trial Tournament is held in January and is open to all law students, regardless of what courses you have taken.
- b) The Trial Competition Team is made up of eight to sixteen students who are selected based on their performances in the Trial Tournament. Students must have completed a course in Evidence and a course that covers Trial Advocacy. The Trial Competition Team is part of the litigation curriculum, and 2 hours of course credit are available. The law school sends student teams to several trial advocacy competitions each year.
- c) We also offer Advanced Trial Practice in the fall of the third year. This 3-credit course is a limited-enrollment class that offers extensive courtroom practice, one-on-one instruction in trial advocacy, and additional materials in the procedures and ethics of litigation.
- d) The Sherman Minton Moot Court Competition takes place in the fall and early spring. Students work in pairs preparing an appellate brief and arguing their case in front of panels of judges, lawyers, professors, and other experienced advocates, and receive valuable feedback on their arguments and performances. Many students enroll simultaneously in a companion course on basic Appellate Advocacy taught by Prof. Lahn.
- e) The IU Law School also has numerous clinical and externship programs that include litigation and advocacy components, and bring students into contact with real clients, lawyers, courts and administrative agencies. Students perform real legal tasks and gain hand-on experience in litigation under the supervision of our clinical faculty and selected outside lawyers.