University law students received some notable preparation for their oral arguments Monday: They got to watch the pros at work. What’s more, they didn’t even have to leave the School of Law.
The Oregon Court of Appeals visited campus Monday to hear two cases in front of students and the public.
The proceedings were a real court session, carried out at the William W. Knight Law Center. The recurring event is designed to allow students to witness first-hand the interaction between attorneys and judges. It is practically identical to a typical Court of Appeals session, the only difference being the judges ask the attorneys to talk about their cases for the sake of the audience. Also, Judge Darleen Ortega admitted, the judges try to feature more interesting cases at the University than some of the more typical everyday cases they review.
“When we’re in a school setting, even a law school, we make an effort to choose cases that are a good basis for conversation,” Ortega said.
Presiding Judge Jack Landau said the interactive experience is invaluable for students, who are permitted to ask the judges and attorneys questions after each case.
“Most law students only get to read the opinions,” Landau said. “It’s a really important opportunity for the students.”
Lissa Casey, a third-year law student who was not required to attend for a class – as many first-year students were – but did so on her own accord, said it’s fun to see the procedure in person.
“You get to see how the law is actually practiced,” Casey said. “It humanizes the whole thing. You’re not learning it all in the abstract.”
The first case, Thompson v. Liberty Northwest Insurance Corp., involved a woman whose workers’ compensation claim was filed with her employer’s insurance company. The attorney followed protocol and placed the client’s file on the secretary’s desk, but the file fell behind the desk and was never passed on to the person responsible for requesting the hearing. As a result, the 60-day period during which the request must be filed passed without action on behalf of the client, whose attorney finally filed the request 31 days past the deadline. The client’s claim was denied, and she is appealing that decision.
In the second case, Magnuson v. Toth Corp., a woman moved into her unfinished manufactured home and fell out the front doorway when she was reaching out to close the storm door. She injured her spinal cord and is now paralyzed. The client sued the home-seller for negligence because the builders did not install temporary steps at the door for use until construction on the house was completed. The trial court did not believe the builders were negligent, however, and the client lost the initial suit.
The judges hold court at the University about every two years. Suzanne Rowe, director of the School of Law’s legal writing program, said the court is beneficial for students because in the midst of their education, they can see how it’s supposed to be done.
“The students are preparing their own oral arguments, and it’s great for them to see arguments before the Court of Appeals,” Rowe said.
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