Simulation

In simulation courses, students develop lawyering skills in a controlled setting. Much of the work involves hypothetical exercises resembling real case situations. Through seminars, critiques of videotaped role-playing and of presentations before mock judges and juries, and one-on-one review with instructors, students learn and refine specific lawyering skills. These courses build confidence to prepare students for the demands of live-client representation. Current offerings include:

• Appellate Advocacy - Research, brief-writing, oral argument, and appellate rules, standards, and practice.
• Contract Writing and Analysis - Drafting and interpreting legal documents in business transactions.
• Interviewing and Counseling - Empathic listening, fact gathering, client goal identification, and ethical and responsive decision-making.
• Mediation - Advanced theories and skills for mediators and advocates.
• Negotiation and Mediation - Introduction to the theory, process, and practice of negotiation and mediation.
• Negotiation and Settlement - Communications skills for successful negotiation.
• Pre Trial Practice - Research and drafting of pleadings, discovery, and pre-trial motions.
• Strong clinical legal education courses encourage students to be continually self-reflective about their practices.
• Problem Solving and Professional Judgment in Practice - Theory and application of interdisciplinary approaches to ethical and responsive decision-making taught through extended case studies and hands-on role playing.
• Roles and Ethics in Practice Problem - based and role-playing approach to ethical issues and skills in interviewing and counseling, fact investigation, and negotiation.
• Trial Advocacy I and II - Discovery techniques, pre-trial court conference, opening statement, direct and cross-examination, impeachment of witnesses, proper handling of documents and exhibits, use of demonstrative evidence, and closing argument, culminating in student participation in simulated trials.
• Trial Objections - Application of the rules of evidence through role-playing exercises intended to bridge the gap between Evidence and Trial Advocacy/Clinical Courses.

In addition, there are a number of student extracurricular programs which expand and strengthen students' lawyering skills:

The ABA Counseling Competition Project supports student teams to compete in national competitions involving simulated client-counseling sessions. In 2004-2005, the Regional competitions will be held at Pepperdine law School in Los Angeles. Six team members, a coach, and a faculty adviser will fly down to compete.

Moot Court Competitions at Hastings cover a wide range of current legal issues. Team members are selected from open tryouts held in the spring. The student team members are selected on the basis of resume, writing sample, a 5-10 minute oral argument, and a short interview. Hastings Moot Court competition team members receive two units for their participation. Hastings pays all travel costs, including airfare, food and hotel, for competitions held outside of the Bay Area. Hastings scored the ultimate Moot Court victory by winning the 2002 National Moot Court Competition.

The Negotiation Team offers students individual coaching and mentoring outside of the classroom. In recent years, the Team has brought home a string of victories, including Gold Medals in the International Competition for Online Dispute Competition's enegotiation and mediation competitions, the Regional Championship and National Semi-Finalist titles in the ABA's Representation in Mediation Competition, and Second Place in the California Environmental Negotiation Competition.