Trial Advocacy Training Program at Kenya School of Law
Enhance your trial advocacy skills with the 2023-2024 Academic Year program at Kenya School of Law. Learn about trial theme and theory from experts like Justus Munyithya. Explore the theory of the case, modern trial advocacy, and clear case theories. Discover the importance of themes and burdens in legal arguments.
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Kenya School of Law ADVOCATESTRAININGPROGRAM 2023-2024ACADEMICYEAR Trial Advocacy PREPARATIONFOR TRIAL-THEMEAND THEORY Justus munyithya Lecturer, KenyaSchoolof Law 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
OUTLINE Theory Theme 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Theory of Case-Blacks Law online Dictionary These are the facts that a law suit will be foundedonand formsthebasisof arightto sue. LawDictionary: WhatisTHEORYOF CASE?definition of THEORYOF CASE (Black'sLaw Dictionary) 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Steve Lubet, Modern Trial Advocacy Theoryisadaptationof yourstorytotheLegal Issues inthecase. Be expressed in a single paragraph that combinesanaccountof theLawandof the facts insuchawayastolead trierof factto concludethatyourclientshouldwin. 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Theory-SteveLubet, contd. Elements: IsLogical -Foundedon factsthatlead inasingledirection. Speaks to legal elements of the case -Shows that the law entitlestotherelief sought. Issimple-Maximiseson facts, minimizesonwhat is hotly controverted, implausible,inadmissible,ordifficulttoprove. Is easy to believe-Takes from everyday experience and can even make logical force by encompassing the entire case of theopponent sside. 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
NITAon Theory (National Instituteof Trial Advocacy) Acleartheoryof thecase: Shows howthefactsfit intothelawsothatyourclientwins. Forexample,a theoryof thecase foracriminalchargeof assaultmightbe: Identification Itwasn thim. Self defense Hewasprotecting himself. Alibi Hewasn tthere. 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Theme Black sLawDictionary: Themelinked to Burden ,which isdefined as: Core idea; A heavy load; A responsibility, onus; A cause of worry; To encumber with a burden (in any of the noun sensesof theword). LawDictionary: Whatis BURDEN?definitionof BURDEN (Black'sLawDictionary) 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Theme-SteveLubet Bestexpressed inasinglesentence. Justify moralityof yourtheory;appealstojustice of thecase. Isarhetorical orforensicdevice. Has noindependentlegalweight butgives persuasive forcetoone slegal arguments. Appeals toshared values, civicvirtues,common motivations. Succinctlyexpressed; repeatedateveryphaseof trial. 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Theme-NITA Hastobepersuasive a)E.g., Nude, butnot Lewd b)Somemethodstodevelopatheme: Finish the statement, This is a case about to conveyathemethatadvancesyourclient scause. Butdonotactuallyusethephrase Thisisacaseabout. Useadramaticbitof testimonyorstatementfrom anexhibit. Useanold saying The moralof thestory i. ii. iii. 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Class Theory Exercise Basedoncaseanalysisdone,sitasafirmand developandwritedown AtheoryintheDesmond Peterscasefor: 1. Prosecution 2. TheDefence 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
Class Theme Exercise Basedoncaseanalysisdone,andonsidethat represent in the Desmond Peters case (whether Prosecution or Defence),each individual todevelopandwritedowna Theme. 27 May2015 KenyaSchoolof Lawwww.ksl.ac.ke
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