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NORTHWESTERN UNIVERSITY

COLLEGE OF LAW
FIRST SEMESTER, AY 2018-2019
FOURTH YEAR

PRACTICE COURT I

Course Code: LW 447 Units: 2 Hours: 2

COURSE DESCRIPTION:

Practice Court I is a clinical offering which exposes the students to the practical aspects
of the law, particularly in the trial of cases. It includes training on the preparation and drafting of
complaints, petitions, answers and other pleadings, motions, briefs and other legal papers. It
includes practical suggestions on effective methods of gathering the facts of cases, the
formulation of the theory of the case, search for legal authorities, and construction of pleadings,
interview and examination of witnesses, with particular emphasis on Sections 1 to 19, Rule 132,
of the Rules of Court in preparation for Practice Court II for the conduct of mock trials.

COURSE OBJECTIVES:

Students successfully completing this course should be able to:

1. Understand and appreciate the nature of work of a lawyer.


2. Demonstrate the ability to prepare trial briefs.
3. Demonstrate the ability to prepare various pleadings such as complaints, answer, legal
memorandum, position paper among others in accordance with established rules of
procedure.
4. Demonstrate the ability and competency to present evidence in court litigation.

COURSE OUTLINE:

A. What Constitutes Practice of Law

B. Effective Legal Writing

C. Preparation and Drafting of Initiatory Pleadings


 Concept and purpose; test of a good pleading
 Preliminary considerations: jurisdiction, venue, prescription, condition precedent to filing
of complaint
 Criminal Complaint
 Civil Complaint
 Petition

D. Gathering of Facts/Factual research

 Client interview
 Documentary evidence
 Witnesses for/against the client

E. Answering a Complaint in a Civil case

F. Preparing for Trial

G. Efficient Use of Paper Rule (A.M. No. 11- 9 - 4 –SC)

H. Pre-Trial Techniques (A.M No. 12- 8- 8 – SC)

I. Rules of Procedure in Quasi- Judicial Tribunals


 National Labor Relations Commissions
 Commission on Audit
 Housing and Land Use Regulatory Board

J. Revised Rules in Administrative Cases in the Civil Serviice

K. Presentation of Evidence

L. Salient Features of the Revised Guidelines for Continuous Trial of Criminal Cases
(A.M No. 15-06-10-SC)

M. Motions

EVALUATION:

 Preparation and drafting of pleadings with students explaining their contents using the
Rules of Procedure, law and jurisprudence;
 Legal research;
 Recitations
 Quizzes and Examinations
 Mock interview of a client;
 Mock interview and examination of witness; and
 Other activities/exercises that the instructor deems necessary and helpful for purposes of
achieving the objectives of this subject.

REFERENCES:

 Tan, Ferdinand and Festin, Gemy Lito (2014). The Judicial Affidavit
Rule – Features and Insights. Quezon City: Rex Book Store.
 Rules of Court
 Salient Features of the Revised Guidelines for Continuous Trial of Criminal Cases (A.M
No. 15-06-10-SC)
 Pre-Trial Techniques (A.M No. 12- 8- 8 – SC)
 Efficient Use of Paper Rule (A.M. No. 11- 9 - 4 –SC)
 An Introduction to Trial Practice in Philippine Courts by Roberto Concepcion. Quezon
City. Central Law Book Pub.)
NORTHWESTERN UNIVERSITY
COLLEGE OF LAW
SECOND SEMESTER, AY 2018-2019
FOURTH YEAR

PRACTICE COURT II

Course Code: LW 452 Units: 2 Hours: 2

COURSE DESCRIPTION:

This course is devoted primarily to developing trial skills by engaging students in


exercises that simulate trial practice. Students prepare lay and expert witnesses, perform
exercises including direct and cross-examination and opening and closing statements, learn to
develop and implement a case theory, and practice making and responding to objections.
Students consider ethical and tactical issues arising in the trial process. Students conduct
regular self-evaluation of their preparation and performance, and the exercises are critiqued with
respect to substance, strategy, and courtroom demeanour. At the conclusion of the course,
students, acting in teams, take part in full trials.

COURSE OBJECTIVES:

Students successfully completing this course should be able to:

1. The development of courtroom communication skills ;


2. Identify relevant sources of evidence to prove and defend criminal and civil cases;
3. Conduct pre-trial preparation of witnesses and documentary evidence to effectively
address issues relevant to their theory of the case;
4. utilize their unique presentation skills and courtroom demeanour during the trial;
5. draw questions and conclusions and use higher level thinking strategies in relevance to
the assigned court case and be able to verbalize them in a trial.

COURSE OUTLINE:

I. Introduction

II. Criminal Cases


a. Arraignment
i. Rule 116, Rules on Criminal Procedure
ii. Arraignment is a vital stage in criminal proceedings in which the
accused are formally informed of the charges against them.
(Bulinao vs. Judge Peralta, GR No. 164953, February 13, 2006)
iii. Conduct Arraignment

b. Pre-Trial
i. Rule 118, Rules on Criminal Procedure
ii. A.M. No. 03-1-09-SC dated August 16, 2004 (Rule on Guidelines to
be Observed by Trial Court Judges and Clerks of Court in the
Conduct of Pre-Trial and Use of Deposition - Discovery Measure
c. Trial
i. Rule 119, Rules on Criminal Procedure
ii. Prosecution Evidence in Chief
1. Direct Examination
2. Cross Examination
3. Redirect Examination
4. Re-cross Examination

iii. Defense Evidence in Chief


iv. Prosecution Rebuttal Evidence
v. Defense Sur-Rebuttal Evidence

d. Offer of Evidence
i. Rule 130, Rules on Evidence
ii. Testimonial Evidence
iii. Documentary Evidence

III. Civil Cases


a. Preliminary Conference/Pre-Trial
i. Rule 18, Rules of Civil Procedure
ii. A.M. No. 03-1-09-SC dated August 16, 2004 (Rule on Guidelines to
be Observed by Trial Court Judges and Clerks of Court i n the
Conduct of Pre-Trial and Use of Deposition - Discovery Measures)

b. Trial
i. Rule 30, Rules of Civil Procedure
ii. Plaintiff’s Evidence in Chief
1. Direct Examination
2. Cross Examination
3. Redirect Examination
4. Re-cross Examination
iii. Defendant’s Evidence in Chief
iv. Plaintiff’s Rebuttal Evidence
v. Defendant’s Sur-rebuttal Evidence

c. Offer of Evidence
i. Rule 130, Rules on Evidence
ii. Testimonial Evidence
iii. Documentary Evidence

IV. Special Proceedings/Miscellaneous

a. Hearing
i. Rules on Special Proceedings
ii. Petitioner’s Evidence
iii. Respondent’s or Oppositor’s Evidence

V. Motions or Appeals

VI. Mock Trial


EVALUATION:

 Preparation and drafting of pleadings with students explaining their contents using the
Rules of Procedure, law and jurisprudence;
 Recitations
 Quizzes and Examinations
 Mock interview of a client;
 Mock interview and examination of witness;
 Mock Trial; and
 Other activities/exercises that the instructor deems necessary and helpful for purposes of
achieving the objectives of this subject.

REFERENCES:

 Tan, Ferdinand and Festin, Gemy Lito (2014). The Judicial Affidavit
Rule – Features and Insights. Quezon City: Rex Book Store.
 Rules of Court
 Salient Features of the Revised Guidelines for Continuous Trial of Criminal Cases (A.M
No. 15-06-10-SC)
 Pre-Trial Techniques (A.M No. 12- 8- 8 – SC)
 Efficient Use of Paper Rule (A.M. No. 11- 9 - 4 –SC)
 An Introduction to Trial Practice in Philippine Courts by Roberto Concepcion. Quezon
City. Central Law Book Pub.)

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