Prerequisite or Co-requisite in the fall semester: Law 211. Evidence. Preference may be given to students who have completed Law 211 prior to enrollment. Application required to enroll is due July 16, 2007. The course is graded. Students who have taken Law 353 will not be allowed to take this course due to overlap in course content.
This is a year-long course, with three units allocated to the fall semester, and three units to the spring semester. The course explores the fundamental principles of appellate law and practice, and provides live-client clinical training in written and oral advocacy on the appellate level.
In the fall semester, students receive training using simulated materials. Topics include understanding the functions of appellate courts, preserving issues in the lower court for appellate review, applying the proper standard of appellate review, and interpreting the appellate record. Students focus on developing persuasive writing skills for an appellate court through exercises and the completion of an appellate brief. The fall semester culminates with instruction and practice in oral argument.
In the spring semester, students have primary responsibility for representing actual clients in appellate court, under the instructor's supervision. Students draft and file an appellate brief on behalf of the client, and prepare for oral argument. Students also appear at oral argument in the California Court of Appeal if argument is scheduled by the appellate court during the semester. Students should be aware that appellate cases in the spring semester are likely to involve allegations of child abuse and neglect, and other dependency law issues.
Students should take this class only if they are prepared to accept the responsibility of representing clients. This is a year-long course and requires a year-long commitment. Students receive a letter grade for the course after completing both semesters. However, to be eligible to continue into the second semester, students must demonstrate by the end of the first semester that they are ready to represent actual clients in a clinical setting. If the instructor determines that a student is not ready to represent clients, that student will be given a letter grade for the fall semester, and will not be allowed to continue the course during the spring semester.