Court Observation Assignment

Court Observation Assignment

Summary: Students will observe a judicial proceeding and write a short (1-3 page)

paper summarizing their observations and analyzing how the events at the

proceeding relate to a concept (or concepts) we cover in our course.

Instructions: Students may attend a judicial proceeding in the court of their choice

(Superior Court, Magistrate Court, Probate Court, Federal District Court, State or

Federal Appellate Court, Tax Court, Bankruptcy Court, Traffic Court, Drug Court,

etc.). The dockets and court calendar for many courts can be found on the court’s

website. For example, the Docket/Calendar for Carroll County Superior Court is

posted a week in advance here: http://www.carrollcountyclerk.com/calendars.html

and the proceedings begin at 9 AM. In addition, criminal preliminary hearings in

Carroll County are held on the first Friday of the month at 8 AM at the Carroll

County Jail. Whenever possible, students should be at the courtroom and ready to

begin observation at the time the proceeding begins. If you are doing an afternoon

observation in Superior Court, you may begin your observation after the lunch

recess (typically 1 PM or shortly thereafter). Keep in mind that courts recess at

good stopping points, not on a fixed schedule, so the lunch recess may be earlier or

later than the noon hour. Do NOT go into the courtroom in the middle of a

proceeding. If you arrive at court after the morning proceedings have begun or after

the lunch recess has ended, you will need to wait until a break to enter the

courtroom. There typically is a 5 minute break about every hour to hour and a half.

Once you enter the courtroom, do not leave until the next break (this may be an

hour or two later).

Make a note of the case name and number, the date and time of your observation

(including how long you stayed), the name of the judge, parties, and attorneys (if

you catch them), and a list of the issues to be addressed that day (e.g., summary

judgment motion, voir dire of prospective jurors, status conference, motion to

dismiss, direct examination of witness, cross-examination of witnesses, motions in

limine outside the presence of the jury, etc.). Also, pay attention to the demeanor of

the attorneys in the courtroom. Are they respectful/deferential to the judge? Are

they argumentative? Do they have different styles (forceful, laid back, cordial,

aggressive, etc.)? Take notes throughout the proceeding to use in drafting your

paper later. Your notes will be turned in as part of your assignment submission.

Once you return home, review your notes/textbook on the concepts addressed in

the court proceeding and write your paper discussing how what you observed

relates to the concepts in our course, how your observation improved your

understanding of those concepts, and anything remarkable that struck you as

interesting or something you learned that you did not know beforehand.

Logistics of Courtroom Observations:

If you will be observing in Superior Court or a court in a relatively large jurisdiction,

please refer to the online calendar or, if one is not available, call the Clerk of Court to

determine what types of cases are being heard on the day you plan to attend court.

The following types of cases are NOT suitable for observations without advance

approval from the professor: domestic violence actions, child custody disputes,

child support disputes, legitimation hearings, adoptions, child name change

proceedings, or other sensitive litigation involving families and especially children.

Those types of proceedings are deserving of privacy, and they do not tend to relate

to business law anyway.

NOTE: If for some reason you strongly desire to view one of these types of

proceedings, you can see me and make your request far enough in advance for me to

contact the attorneys and see if they would mind having a student observe the

proceeding. I will not accept submissions for observations in these proceedings

unless you have received express permission in advance from me to attend.

General Note: Normally, the only people who attend court proceedings are the

parties, their family members, witnesses that will be called to testify, and the

parties’ attorneys. It is not customary to have strangers or visitors in the

courtroom, so the judge and attorneys may be a bit surprised that you are there.

In addition, in most trials or hearings involving witnesses, the attorneys will invoke

the Dzrule of sequestration,dz which prevents witnesses from remaining in the

courtroom during the hearing or trial. If the Dzruledz is invoked, all witnesses will be

ordered by the judge to leave the courtroom. What this means is that you will

probably be the only person left in the courtroom. If this happens, the judge or

attorneys will almost certainly ask you who you are and why you are still in the

courtroom. You should respectfully state that you are a student at University

of West Georgia and are there to observe a judicial proceeding as part of your

business law course. Ask them if it is ok for you to remain in the courtroom to

quietly observe the proceedings. The judge will more than likely tell you that it is

fine for you to stay. The judge and attorneys will probably be genuinely happy

(maybe even a little flattered) that you have chosen to observe them. In rare

instances, the proceeding may be closed to the public. In that case, they might ask

you to leave. This is not usual, and I do not think you will have any problems

remaining in the courtroom to observe. If this does happen to you, let me know, and

we will discuss how you will receive credit on the assignment.

BUSA 2106 Observation Form for Court Proceedings

Student’s Name:_______________________________________

Date of Observation:__________________________________

Venue and Court: ______________________________________

Name of Case: __________________________________________

Presiding Judge: _______________________________________

Attorney (Plaintiff/Petitioner):_______________________

Attorney (Defendant/Respondent):__________________

Type of Proceeding:____________________________________

Brief Description of Case:________________________________________________________________________

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Student Notes from the Proceeding:____________________________________________________________

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