Coming to a law school near you: the 2nd appellate court

UCLA law students usually expect mock trials to be held in their
1950s moot courtroom, but this Thursday a real court will be in
session.

The law school will host the 2nd Appellate District of the
California Court of Appeal, giving students a chance to experience
live court proceedings.

The role of an appellate court is to review the decisions made
by superior courts, paying special attention to any prejudicial
errors of law that may have been made, according the California
Courts Web site.

The upcoming court proceedings will be held by Presiding Justice
Norman Epstein, Associate Justice Gary Hastings and Associate
Justice Daniel Curry with the hope of exposing students to a
courtroom atmosphere.

A justice at the 2nd appellate court for over a decade, Epstein
said he’s only left once to hear a case outside of his
downtown L.A. courtroom. Last year the court held oral arguments at
Loyola Law School for a day.

The California Court of Appeal rarely travels outside its own
courts to locations such as the UCLA School of Law, but when it
does, it offers unique benefits to law students.

“Students get a better impression of how the process works
““ what’s effective and what’s not,” Epstein
said.

Another reason for holding cases outside of the Court of Appeal
courtroom is that it allows the public to have a greater connection
with legal proceedings.

“It’s good in general that there be more
transparency,” Epstein said.

Unlike moot court sessions held at the law school,
Thursday’s oral arguments will involve real lawyers arguing
real cases, which means law students in attendance will have to
pass through a security checkpoint before entering the moot
courtroom.

Typically, an appeals case has two stages: the filing of a brief
““ a document which presents the litigant’s position
““ and oral arguments, which are presented in front of the
court.

During the oral argument stage, the litigants can emphasize
particular points in a brief while allowing the justices to clear
up any ambiguities they might have about the case, Epstein
said.

“It’s very spontaneous with lots of give and
take,” he added.

The oral argument stage is practically the last stage before a
final decision is made, Epstein said. The presiding justice often
already develops a tentative position before oral arguments even
begin.

After hearing oral arguments the justices meet and discuss the
case once more before concurring on a final decision.

The cases scheduled at the law school include Dominguez v. Home
Depot USA, Inc., a case that deals with whether Home Depot received
a fair trial in a products liability case.

Roper v. TIG Insurance Co. is another case on Thursday’s
calendar and concerns an insurance claim arising from the 1994
Northridge earthquake.

Those interested in attending the event can e-mail Susan
Gillig at gillig@law.ucla.edu.

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