억룩진 장소
민경대
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1532
2019.10.28 01:17
저자 : 민경대
시집명 : 347-1
출판(발표)연도 : 2019
출판사 : 시공장
얼굴 진 장소
https://academics.skidmore.edu/blogs/en230-001-s17/
https://www.teacherspayteachers.com/Browse/Search:the%20bible%20as%20literature
책들
https://bibleasliterature.wordpress.com/lesson-1/
https://ocw.mit.edu/courses/literature/21l-458-the-bible-spring-2007/syllabus/
https://www.youtube.com/watch?v=s4LOck0Giic
https://youtu.be/T2eZiMFuXV0
https://youtu.be/5dS62uBMhdA
그것은 아무것도 아닌
그냥 바람 부는 날
11월 2일 4시같은 것
모든 것은 커피 가루속에 언어를 자근자근 갈아내고
죽은 시간만이 기억을 더듬는다
하루종일 토여내는 언어는 비를 맛고
의정부 법원 앞에는 이미 다 가을 낙엽을 털어내고
기다긴 팔을 잘라내고 소금기를 내며
아무리 단단한 밧줄도 간단한 손수건으로 동여내거나 단절시켜
언어는 기술이 아니고 총알이거나 대포로 작용하여 당신의 가슴을 오려내서
어릴 시절 덤바위산을 넘어가는 홍애딱지 연을 만든다.
Moment of truth
https://www.youtube.com/watch?v=xZKj5h8e7Rw
https://www.youtube.com/watch?v=5_eh8Z3W_7E
https://youtu.be/0T3g7uBVS90
https://youtu.be/YvomiAljqw4
https://youtu.be/KR7YrHAaIlQ
https://youtu.be/Owh_UypnmLU
https://youtu.be/zD7aNGgzENk
https://www.weschoolnews.com/mobile/article.html?no=4500
내정 중학교 영어법정
내정중학교에는 올해 만들어진 신생 동아리 ‘Themis'(동아리장 송채현, 부동아리장 장예원, 담당교사 임미리 영어선생님)가 있다. 영어 모의법정/모의유엔 동아리로, Naejeong English Mock Trial and United Nations를 줄여 NEMTAUN이라고도 부른다. Themis란 그리스어로 정의, 법, 질서, 관습을 수호하는 여신을 뜻한다.
모의법정이란 학생들이 관심이 있는 사건을 영어로 구성해 변호사, 증인의 발언을 작성하고 실제 법정과 유사하게 재판 과정을 경험해 보는 활동이다. 또 모의유엔이란 학생들이 각국의 대표 역할을 맡아 의제에 대해 토론, 협상 등을 하는 것으로 국제 감각과 리더십을 향상시킬 수 있다.
국제정세, 시사, 법, 토론, 영어 등에 관심이 많은 학생들과 같이 공부해 보고 싶어 동아리를 만들게 됐는데, 처음엔 과연 학생들이 모일 수 있을까 걱정했지만 담당선생님과 친구들의 도움으로 가능해졌다.
1학기에 거둔 가장 큰 성과는 학생들끼리 직접 모의법정을 해보았다는 것이다. 학생들 대부분이 모의법정을 처음 접해보았고, 생소한 영어활동인 만큼 어려워하기도 했지만 열심히 준비한 끝에 좋은 결과가 있었다 .
학생들은 모의법정 시뮬레이션 당시 사용하게 될 여러 사건의 원고를 직접 써보기도 했고, 막히는 부분이 있으면 다양한 경로를 통해 정보를 찾아보기도 했다. 물론 쉽지는 않았지만 여러 대회의 홈페이지에 나와 있는 대본을 참고해 재판을 구성하고 연구해 가면서 모의법정을 치를 수 있었다. 2학기에는 모의유엔을 계획하고 있다.
모의법정과 모의유엔 대회는 국제 이슈에 대한 감각, 토론 능력, 논리적 사고력, 창의적 문제해결력 등을 키우는데 큰 도움이 될 수 있다고 생각한다. 모의법정에 관심이 있는 학생들에게 추천할만한 외국영화로는 ‘모의법정’, ‘더데이’, ‘필라델피아’, ‘피고인’, ‘어퓨굿맨’ 등이 있고 우리나라 영화로는 ‘변호인’, ‘부러진 화살’, ‘소수의견’, ‘의뢰인’, ‘도가니’ 등이 있다. 또한 모의유엔은 인터넷 검색을 해보면 여러 가지 동영상을 찾아 볼 수 있다.
송채현 학생기자
(내정중)
"일반 중학교에선 보기 힘든 영어 동아리"
내정중학교에는 영어토론, 영어 뮤지컬, 영어스피치, 영자신문반, 국제외교부 등
다양한 영어 동아리가 있는데 ‘Themis'는 이 가운데 가장 활발하고 적극적인 동아
리라 할 수 있답니다. 요즘 들어 전국 또는 지역단위로 청소년 모의법정 및 모의유엔대회가 많이 개최되고는 있지만 주로 외고나 국제중 중심으로 이루어지고 중학교 단계에서는 아직은 시도하기 어려운 상황이라 할 수 있죠. 하지만 내정중 학생들의 뜨거운 관심과 배움의 열기로 학생주도 동아리로 구성되었어요.
동아리장의 주도아래 모의법정에 대한 배경설명을 듣고 충분히 이해를 한 뒤에
그룹별로 맡은 역할에 따라 원고를 작성한 다음 시뮬레이션을 통해 직접 재판을 구성해 보는 과정을 지켜보면서 학생들의 영어실력과 열정도 엿볼 수 있었답니다.
특히 회원들의 호기심, 수업준비, 집중도는 그 어떤 교사수업과는 비교할 수 없
게 높았습니다. 2학기에 열리는 모의유엔 역시 국제적인 이슈에 대한 관심이 많은
우리 동아리 학생들의 참여와 활동이 기대가 됩니다.
임미리 선생님
송채현 학생 기자의 전체기사 보기
송채현 학생 기자 white0991@naver.com
https://youtu.be/0T3g7uBVS90
mock court
https://www.mockcourt.org.uk/
https://youtu.be/MM1Ma4R3vfk
a moot court
https://www.mockcourt.com.au/
https://www.mockcourt.com.au/mock-court-minute/
https://blogs.law.nyu.edu/lifeatnyulaw/file-under-m-the-difference-between-mock-and-moot/
January 14, 2013
File Under M: The Difference Between Mock and Moot
I have participated in mock trial since I was 12 years old. Mock trial, or “fake court,” is actually what first piqued my interest in becoming a lawyer. For those not in the know, a mock trial competition consists of two opposing teams, one representing the plaintiff or prosecution and the other the defense, simulating either a civil or criminal trial. Competitors perform opening and closing statements, conduct direct and cross-examinations, and even play witnesses. Judges score each of these components, and the team with the highest score on a particular score sheet, or “ballot,” wins that ballot. The team who wins the most ballots over the course of a tournament wins that tournament.
Throughout my competitive mock trial run, especially in undergrad, people would sometimes ask if mock trial was the same as “moot court.” Personally, I had no idea. My own rough (and erroneous) understanding of moot court was that it was the name mock trial went by at the law school level. Imagine my confusion when I joined NYU Law’s mock trial team, only to learn that some of my new teammates were also members of something called “Moot Court Board.” This mock/moot confusion seems to be widespread. I hope that the story of my own confusion can help aspiring law students, 1Ls, and any other interested parties to sort out the difference.
Mock Trial Explained
Mock trial
Mock trial: Attorneys engage in an objection battle. (Photo by Penn State Law.)
Mock trial, as I mentioned before, is competitive trial advocacy. Competitors simulate a full trial on the merits before the lowest court in the imaginary state or district in which the case’s facts take place. Law school teams consist of four competitors (undergrad teams range from six to 10). During a given round of competition (the trial), two competitors act as attorneys, and the other two act as witnesses. While witnesses are unscored, they are still incredibly important in assisting their attorney teammates by building rapport with their directing attorney and being polite but unhelpful to the opposing team’s crossing attorney. Generally, competitors play a witness on one side and an attorney on the other.
Mock trial attorneys conduct direct examinations, or expository “conversations,” with their own witnesses and cross-examinations, or an attorney-dominated series of closed-ended questions, of the opposing team’s witnesses. During these examinations, competitors from either side can make and field objections, for which law school competitions use the Federal Rules of Evidence. An objection will often prompt an “objection battle” in which the judge hears argument from each competitor, sometimes multiple times, as to how the judge should rule on the objection. Attorneys also give opening statements and closing arguments, or summations. These are uninterrupted speeches directed at the jury.
This jury component is one of the defining features of mock trial oral advocacy. Everything competitors do is for the benefit of the “jury” of scorers. Attorneys “dumb down” language into layman’s terms, use visual aids, and hammer on catchy “themes” for their case. Trial advocacy is often far showier than the appellate advocacy of moot court. Opening and closing statements can often be downright dramatic. While conversationalism and avoidance of legal jargon are also important in moot court, their effects are more exaggerated in mock trial in order to increase accessibility for the jury.
NYU Law has a successful mock trial program. Last year, the program performed very well, winning one tournament and reaching the semifinals of two others. NYU Law Mock Trial just concluded its annual Fall Oral Advocacy Competition, which acts as both an oral advocacy competition for all law students interested in brushing up on their oral advocacy skills and as an audition for students interested in competing on the mock trial team. To compete in the OAC, students prepare and deliver a 10-minute closing argument based on a short fact pattern. The mock trial board selects two winners and two runners-up, one of each for both the plaintiff and the defense. Additionally, top-scoring competitors are invited back for a callback audition, after which several are invited to join the mock trial team.
The Ins and Outs of Moot Court
Moot court
Moot court: Oral argument. (Photo by Ken Colwell.)
Moot court is a very different beast, especially at NYU Law. At NYU, Moot Court Board, or MCB, is a journal. MCB is split into two committees: Competitions and Casebook. The Competitions committee is what normally comes to mind when people think of moot court; teams of MCB members participate at various moot court competitions throughout the country. Casebook is very different. Casebook is a committee of MCB members who author myriad moot court problems, which they then assemble into a casebook. That casebook is published each year and happens to be the most-used set of casebook problems in the country.
Each year, MCB hosts the Orion S. Marden Competition right here at NYU Law. Marden is a moot court competition that spans the full year. Fall constitutes the elimination round, in which competitors brief a single-issue problem and give oral argument both “on brief” and “off brief” – on the side they briefed and on the opposite side, respectively. Competitors receive scores for their briefs and oral arguments, and those with the highest scores advance to the spring round, which will require students to pair off into teams in order to address a new, two-issue problem. This problem is framed as an appeal to the Supreme Court of the United States, with the problem materials composed of the briefs below, as well as the opinions of the lower courts who have thus far “decided” the case. Marden, as with any moot court problem, is based on a circuit split, or a disagreement between circuit courts as to how to decide a particular issue. As such, there is no “winning” precedent. Competitors must rely on their advocacy skills and their ability to distinguish unfavorable circuit precedents from those precedents favoring their positions.
In addition to running Marden, some MCB members also participate in Marden. Any MCB 2L who wishes to join Competitions in the spring must compete in Marden, with the top scorers being invited to join Competitions. However, MCB members can neither place nor advance in the fall round. The highest-scoring MCB member will be recognized; however, no MCB member can win the fall round of Marden.
As a 2L hoping to join Competitions in the spring, I have just finished competing in, and am still helping to run, Marden. The competition began back in late September, when all competitors received the fall problem. Each competitor had to write a legal brief for their assigned side, which was due several weeks before oral arguments began. Next, competitors had to prepare an oral argument for both the side they briefed and the side that they did not. Each competitor was assigned to at least two on-brief and one off-brief argument.
Compare and Contrast
Marden is very different from any mock trial competition. First, mock trial does not involve briefs. There is no written component. Secondly, and significantly, moot court involves a very different sort of oral advocacy than does mock trial. Whereas mock trial involves a whole trial, moot court tournaments are composed of a single oral argument for each side, plus a rebuttal for the petitioner. For Marden, oral arguments lasted for a maximum of 15 minutes on each side.
The biggest difference between moot court and mock trial is the difference between appellate and trial advocacy. Unlike in mock trial, in moot court one directs oral argument at a panel of appellate “judges,” usually local attorneys and judges. This type of advocacy requires a different structure, demeanor, and rhetorical style than trial advocacy. Issues do not need to be “dumbed down” or spelled out to the same degree as they would before a jury. Conversationalism is still crucial to a successful argument, but a conversation with a panel of appellate judges is obviously going to sound very different from a conversation with a jury.
Competitors’ demeanor generally differs between mock trial and moot court. During a mock trial statement, competitors will often vary their speed, tone, and volume, in addition to adding other dramatic flourishes, to keep the attention and play on the sympathies of the jury. Oral argument tends to be far less dramatic and far more straightforward. Additionally, while a strong “theme” running throughout a mock trial statement is practically a necessity, such themes are generally not used in oral arguments. If something resembling a theme is used, it will be incredibly subtle and will not be hammered home as frequently and transparently as a jury-geared theme would. Moot court oralists are concerned with framing the issue and laying out the framework of their argument before a judge can interrupt.
Judges’ interruption of oral argument is, in my opinion, the most significant difference between trial and appellate advocacy, at least in the competitive context. While no one can interrupt a mock trial opening or closing statement, judicial interruption and questioning is an essential part of oral argument. Moot court competitors prepare remarks, but they fully expect to be interrupted with questions. Judges might ask many questions or only a few, but, at least in my limited experience, judges will ask at least a question or two. The clock continues to run during questions, introducing the additional challenge of getting out each important point, or of prioritizing which points to get out, when a competitor is faced with fewer than the full 15 minutes to actually address the planned argument. Successful competitors tie their answers back into their original argument, controlling the conversation while remaining deferential to the judges. As a result, oral arguments are far more of a balancing act than the elements of a round of mock trial.
Hopefully, this post has clarified some of the confusion surrounding mock trial and moot court. As someone who intends to pursue a career in litigation after law school, I highly recommend that incoming students with a similar interest in litigation participate in one or both of these activities in order to hone their skills in that field.
This entry was written by Jordan Joske '14 and posted on January 14, 2013.
The entry was filed under these categories: Extracurricular Activities, Tips and Advice
Read more from Life at NYU Law
10 Steps to Understanding the Law Student in Your Life
The Showdown: NYU vs. Columbia
Is a Bicycle a Vehicle? (And Other Legal Questions)
The German vs. the American Law School Experience
File Under M: The Difference Between Mock and Moot
8 Signs You’re Learning to Think Like a Lawyer
The Best Way to Prepare for 1L Year
https://youtu.be/dgMcWjVgfjA
https://youtu.be/KPHIG3jwGBE
https://youtu.be/ZxrvKyB81YM
게시일: 2017. 3. 2.
A special presentation from MCAET. The Lyceum of Monterey County Annual "Mock Trial" Finals from 2017. The finals include the 2016 National Mock Trial champions Carmel High school versus Pacific Grove High School. This year’s case grapples with human trafficking in “The People vs. Awbrey."
https://youtu.be/I2yjo862M0M
게시일: 2015. 5. 21.
Professor Risa Goluboff discusses Marbury v. Madison and the creation of judicial review in a mock constitutional law/civil rights class held for admitted students. (March 20, 2015, University of Virginia School of Law)
Bible as Literature
Lesson 1
What Makes the BibleLiterature?
This lesson explores what it means to say that the Bible is literature, and provides an introduction to literary approaches to the Bible.
The Good Book
Adam and Eve . . . The 10 Commandments . . . The birth of Jesus . . .
Even if you’ve never read the Bible, you know it. Its stories and psalms, phrases and proverbs, have seeped into our everyday lives. It is the book that has permeated Western culture more than any other. It is, in common parlance, the Good Book.
Of course, the Bible is a religious text — but it’s also a work of literature. In fact, it’s a literary masterpiece. The Bible can’t be beat for sheer diversity of form and content, for artistry, for affective power, and for the way in which it keeps springing surprises on us. It is not simply a good book; it is the best. This book is dynamite.
In this class, we’ll look at ways to read the Bible for its literary qualities — its narrative genres, its stylistic forms, its poetry and prose. You need not have a particular religious orientation to take a literary approach to the Bible. You can pick it up as you would a novel and delve into its world, get to know its characters, and follow its rich and wonderful stories.
Even if you feel you already know the Bible, this course will give you an opportunity to engage it on another level. Together we will look at the Bible through new eyes.
Where Did the Bible Come From?
The first thing you need to know about the Bible is that it is not one book but an anthology of 66 individual books. The word “Bible” comes from the Greek biblios, which means “little books.”
The authorship of the Bible is shrouded in mystery. What we do know is that dozens of authors wrote it over a span of approximately 1,500 years. The Old Testament was written in Hebrew and the New Testament in Greek (primarily in the dialect of koine). For the most part, it was composed in the Middle Eastern region then called Palestine. It could be said that the Bible has a national unity in the sense that virtually all of its authors were Jewish.
The individual books of the Bible gradually were collected into one volume, but we know little about the process. We can infer that many parts of the Bible originally circulated in oral form, but — as with Homer’s Odyssey — it is difficult to say when or how these materials were first written down. The phases through which the parts of the Bible passed were these: composition (in oral or written form), circulation, collection, and recognition or canonization (acceptance of the collected works as a single sacred book).
Naturally, given the long span of its composition and its many authors, you may be wondering how — and even if — the Bible can be said to be one cohesive story. We will look at the question of what unifies this diverse, sprawling book in the final lesson of the course, Lesson 8.
What to Expect
First and foremost, this is a literature course, not unlike a college-level English class. In most lessons, we will look at one or more literary genres of the Bible. The French word genre means “type” or “kind”; for our purposes, it denotes a standard form of narrative (story) or verse (poem). A host of literary genres appear in the Bible — comedy, tragedy, satire, parables, proverbs, “hero” tales, epistles, visionary writings, and many more.
Typically, each lesson will combine:
•Assigned reading in the course textbook, How to Read the Bible as Literature.
•Learning by doing — application of ideas covered in the reading and lesson to specific passages in the Bible. At certain points, you will be asked to read a passage and take a few minutes to analyze it before continuing on with the lesson.
•Discussion topics, which you will be encouraged to explore with your instructor and classmates on the Message Board.
•A short quiz on the main ideas of the lesson.
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Our goal is to explore how the Bible works as literature — but first we must answer one key question: What, in particular, is “literary” about the Bible?
C. S. Lewis on the Bible as Literature
“There is a . . . sense in which the Bible, since it is after all literature, cannot properly be read except as literature; and the different parts of it as the different sorts of literature they are.”
— C. S. Lewis, Reflections on the Psalms
What Is Literature?
We’ve mentioned that literature is made up of many different genres — but what do all these genres have in common? What traits do they share that enable us to call them “literature?”
Imagine you’re seated on an airplane, avidly absorbed in your course textbook. The man next to you asks what you’re reading, and you explain that you’re taking a class on the Bible as literature. He looks at you with a puzzled expression. “What do you mean by literature?” he asks.
What would you say to him?
Whatever your definition of literature, it should touch on at least these three points:
•Literature portrays human experience.
•Literary authors not only portray human experience — they also interpret it.
•Literature is an art form. The style of expression — its skillful technique and beauty — may be as significant as the content of a work.
•You can expand on this definition of literature as you see fit. For more discussion of what literature is and how it applies to the Bible, read the Lesson 1 assignment in How to Read the Bible as Literature.
Cain and Abel
Our working definition of literature gives you a lens through which you can view the Bible. Look for how individual stories portray recognizable human experience. Take a passage and examine its style as well as its substance.
As a case study, let’s read the story of Cain and Abel. You’ll find it in Genesis 4:1-16 (pages 10-11 in The Harper Collins Study Bible). Even if you’re familiar with the story, read it as if for the first time. Now ask yourself the following question:
•What is literary about the story of Cain and Abel?
Take a few minutes and write down your thoughts on a sheet of paper. When you’re finished, read on.
What’s literary about the story of Cain and Abel? There’s no right or wrong answer, of course, but let’s begin to explore the question by looking at the story through the prism of our three-pronged definition of literature from the previous section:
•Does the story of Cain and Abel portray human experience?
Yes, in abundance. Here is a partial list of the conditions and emotions it touches on: sibling rivalry, domestic violence, the “model” child versus the “problem” child, guilt, remorse, envy, lying, self-pity, harboring a grudge, giving in to evil impulses — to mention but a few.
•How does the author interpret human experience?
Crime will be punished. The story is not just a tale of murder, but also of retribution. Following the archetypal pattern of the crime-and-punishment story, the author introduces the criminal (verses 1-4a), gives a motive for the crime (verses 4b-5), describes the crime itself (verse 8), and the arrest, trial, and sentencing (verses 9-12), as well as Cain’s ultimate punishment (verse 16).
•Does the story have an artistic style?
Yes. The plot of the story is masterfully organized — it is a complete tale with a beginning, middle, and end. Beyond that, it contains many of the ingredients that make up “artistic form” in any of the arts: unity, progression, contrast, balance, symmetry, repetition or recurrence, and variation.
Three Types of Writing in the Bible
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In The Poetics of Biblical Narrative, Hebrew scholar Meir Sternberg formulates a very helpful framework for looking at the Bible. He theorizes that you can break down the Bible into three types of writing:
•Religious
•Historical
•Literary
In many — if not most — Biblical passages, you may find all three types of writing converging at once. The Bible is a religious book, and it is a rare passage that does not make an explicit or implicit comment on how to live spiritually and morally in the world. Secondly, one of the distinctive features of the Bible is the consistency with which its authors place events in real-life history.
In other words, the Bible is a book unlike most you’ll find in literature courses — a diverse hybrid that mixes history, religion, and literature. In any given passage of the Bible, typically you can identify which type of material dominates.
For example, turn to the story of Ehud’s assassination of Eglon in Judges 3 (pages 372-374 in The Harper Collins Study Bible). Here is how it breaks down:
•Verses 1-6: Historical
•Verses 7-11: Theological
•Verses 15-30: Literary
As you read the Bible, bear in mind that passages that are primarily literary often have historical and theological material. Likewise, even in the parts of the Bible that are not specifically “literary,” the authors may use literary techniques like figurative language and a narrative thread.
The Bible’s Value as Literature
“The events as told in the Scriptures have a value quite apart from their religious significance: a value as literature. They tell of mankind’s experience at its most moving and most memorable in words that go beyond mere chronicle: words that strike the heart and light up the vision.” — Paul Roche, The Bible’s Greatest Stories
Approaching the Bible as Literature
Given that the Bible is such a unique amalgam of literature, religion, and history, what does it mean to take a literary approach to the book?
It is all too easy to pay lip service to the idea that the Bible is literature and then read it as though it were a history or theology book. A better way to read the Bible as literature is to look at the Bible as an interpretive portrayal of human experience in artistic form.
How can you do this? Read the book and ask questions of the text:
•What recognizable human experiences are portrayed in this text?
•What interpretation of human experience is expressed?
•Does the passage fall into one or more standard literary genres?
•What is the artistic style of the passage? What use does the passage make of literary techniques like metaphor, simile, word play, and the like?
If you want to try your hand at applying these questions to a passage, look again at the story of Ehud’s assassination of Eglon in Judges 3:12-30, or read the nature poem Psalm 104 (pages 896-7 in The Harper Collins Study Bible).
The question of what makes the Bible literature has been much discussed, debated, and written about. If you’re interested in exploring the subject further, click on the link below for a list of recommended reading.
Moving Forward
Having constructed a working definition of literature (no small feat, incidentally), you are ready to begin a journey of discovery through the many literary genres in the Bible, starting with the most popular of them all: the Bible story.
Assignment: What Makes the Bible Literature?
https://academics.skidmore.edu/blogs/en230-001-s17/
https://www.teacherspayteachers.com/Browse/Search:the%20bible%20as%20literature
책들
https://bibleasliterature.wordpress.com/lesson-1/
https://ocw.mit.edu/courses/literature/21l-458-the-bible-spring-2007/syllabus/
https://www.youtube.com/watch?v=s4LOck0Giic
https://youtu.be/T2eZiMFuXV0
https://youtu.be/5dS62uBMhdA
그것은 아무것도 아닌
그냥 바람 부는 날
11월 2일 4시같은 것
모든 것은 커피 가루속에 언어를 자근자근 갈아내고
죽은 시간만이 기억을 더듬는다
하루종일 토여내는 언어는 비를 맛고
의정부 법원 앞에는 이미 다 가을 낙엽을 털어내고
기다긴 팔을 잘라내고 소금기를 내며
아무리 단단한 밧줄도 간단한 손수건으로 동여내거나 단절시켜
언어는 기술이 아니고 총알이거나 대포로 작용하여 당신의 가슴을 오려내서
어릴 시절 덤바위산을 넘어가는 홍애딱지 연을 만든다.
Moment of truth
https://www.youtube.com/watch?v=xZKj5h8e7Rw
https://www.youtube.com/watch?v=5_eh8Z3W_7E
https://youtu.be/0T3g7uBVS90
https://youtu.be/YvomiAljqw4
https://youtu.be/KR7YrHAaIlQ
https://youtu.be/Owh_UypnmLU
https://youtu.be/zD7aNGgzENk
https://www.weschoolnews.com/mobile/article.html?no=4500
내정 중학교 영어법정
내정중학교에는 올해 만들어진 신생 동아리 ‘Themis'(동아리장 송채현, 부동아리장 장예원, 담당교사 임미리 영어선생님)가 있다. 영어 모의법정/모의유엔 동아리로, Naejeong English Mock Trial and United Nations를 줄여 NEMTAUN이라고도 부른다. Themis란 그리스어로 정의, 법, 질서, 관습을 수호하는 여신을 뜻한다.
모의법정이란 학생들이 관심이 있는 사건을 영어로 구성해 변호사, 증인의 발언을 작성하고 실제 법정과 유사하게 재판 과정을 경험해 보는 활동이다. 또 모의유엔이란 학생들이 각국의 대표 역할을 맡아 의제에 대해 토론, 협상 등을 하는 것으로 국제 감각과 리더십을 향상시킬 수 있다.
국제정세, 시사, 법, 토론, 영어 등에 관심이 많은 학생들과 같이 공부해 보고 싶어 동아리를 만들게 됐는데, 처음엔 과연 학생들이 모일 수 있을까 걱정했지만 담당선생님과 친구들의 도움으로 가능해졌다.
1학기에 거둔 가장 큰 성과는 학생들끼리 직접 모의법정을 해보았다는 것이다. 학생들 대부분이 모의법정을 처음 접해보았고, 생소한 영어활동인 만큼 어려워하기도 했지만 열심히 준비한 끝에 좋은 결과가 있었다 .
학생들은 모의법정 시뮬레이션 당시 사용하게 될 여러 사건의 원고를 직접 써보기도 했고, 막히는 부분이 있으면 다양한 경로를 통해 정보를 찾아보기도 했다. 물론 쉽지는 않았지만 여러 대회의 홈페이지에 나와 있는 대본을 참고해 재판을 구성하고 연구해 가면서 모의법정을 치를 수 있었다. 2학기에는 모의유엔을 계획하고 있다.
모의법정과 모의유엔 대회는 국제 이슈에 대한 감각, 토론 능력, 논리적 사고력, 창의적 문제해결력 등을 키우는데 큰 도움이 될 수 있다고 생각한다. 모의법정에 관심이 있는 학생들에게 추천할만한 외국영화로는 ‘모의법정’, ‘더데이’, ‘필라델피아’, ‘피고인’, ‘어퓨굿맨’ 등이 있고 우리나라 영화로는 ‘변호인’, ‘부러진 화살’, ‘소수의견’, ‘의뢰인’, ‘도가니’ 등이 있다. 또한 모의유엔은 인터넷 검색을 해보면 여러 가지 동영상을 찾아 볼 수 있다.
송채현 학생기자
(내정중)
"일반 중학교에선 보기 힘든 영어 동아리"
내정중학교에는 영어토론, 영어 뮤지컬, 영어스피치, 영자신문반, 국제외교부 등
다양한 영어 동아리가 있는데 ‘Themis'는 이 가운데 가장 활발하고 적극적인 동아
리라 할 수 있답니다. 요즘 들어 전국 또는 지역단위로 청소년 모의법정 및 모의유엔대회가 많이 개최되고는 있지만 주로 외고나 국제중 중심으로 이루어지고 중학교 단계에서는 아직은 시도하기 어려운 상황이라 할 수 있죠. 하지만 내정중 학생들의 뜨거운 관심과 배움의 열기로 학생주도 동아리로 구성되었어요.
동아리장의 주도아래 모의법정에 대한 배경설명을 듣고 충분히 이해를 한 뒤에
그룹별로 맡은 역할에 따라 원고를 작성한 다음 시뮬레이션을 통해 직접 재판을 구성해 보는 과정을 지켜보면서 학생들의 영어실력과 열정도 엿볼 수 있었답니다.
특히 회원들의 호기심, 수업준비, 집중도는 그 어떤 교사수업과는 비교할 수 없
게 높았습니다. 2학기에 열리는 모의유엔 역시 국제적인 이슈에 대한 관심이 많은
우리 동아리 학생들의 참여와 활동이 기대가 됩니다.
임미리 선생님
송채현 학생 기자의 전체기사 보기
송채현 학생 기자 white0991@naver.com
https://youtu.be/0T3g7uBVS90
mock court
https://www.mockcourt.org.uk/
https://youtu.be/MM1Ma4R3vfk
a moot court
https://www.mockcourt.com.au/
https://www.mockcourt.com.au/mock-court-minute/
https://blogs.law.nyu.edu/lifeatnyulaw/file-under-m-the-difference-between-mock-and-moot/
January 14, 2013
File Under M: The Difference Between Mock and Moot
I have participated in mock trial since I was 12 years old. Mock trial, or “fake court,” is actually what first piqued my interest in becoming a lawyer. For those not in the know, a mock trial competition consists of two opposing teams, one representing the plaintiff or prosecution and the other the defense, simulating either a civil or criminal trial. Competitors perform opening and closing statements, conduct direct and cross-examinations, and even play witnesses. Judges score each of these components, and the team with the highest score on a particular score sheet, or “ballot,” wins that ballot. The team who wins the most ballots over the course of a tournament wins that tournament.
Throughout my competitive mock trial run, especially in undergrad, people would sometimes ask if mock trial was the same as “moot court.” Personally, I had no idea. My own rough (and erroneous) understanding of moot court was that it was the name mock trial went by at the law school level. Imagine my confusion when I joined NYU Law’s mock trial team, only to learn that some of my new teammates were also members of something called “Moot Court Board.” This mock/moot confusion seems to be widespread. I hope that the story of my own confusion can help aspiring law students, 1Ls, and any other interested parties to sort out the difference.
Mock Trial Explained
Mock trial
Mock trial: Attorneys engage in an objection battle. (Photo by Penn State Law.)
Mock trial, as I mentioned before, is competitive trial advocacy. Competitors simulate a full trial on the merits before the lowest court in the imaginary state or district in which the case’s facts take place. Law school teams consist of four competitors (undergrad teams range from six to 10). During a given round of competition (the trial), two competitors act as attorneys, and the other two act as witnesses. While witnesses are unscored, they are still incredibly important in assisting their attorney teammates by building rapport with their directing attorney and being polite but unhelpful to the opposing team’s crossing attorney. Generally, competitors play a witness on one side and an attorney on the other.
Mock trial attorneys conduct direct examinations, or expository “conversations,” with their own witnesses and cross-examinations, or an attorney-dominated series of closed-ended questions, of the opposing team’s witnesses. During these examinations, competitors from either side can make and field objections, for which law school competitions use the Federal Rules of Evidence. An objection will often prompt an “objection battle” in which the judge hears argument from each competitor, sometimes multiple times, as to how the judge should rule on the objection. Attorneys also give opening statements and closing arguments, or summations. These are uninterrupted speeches directed at the jury.
This jury component is one of the defining features of mock trial oral advocacy. Everything competitors do is for the benefit of the “jury” of scorers. Attorneys “dumb down” language into layman’s terms, use visual aids, and hammer on catchy “themes” for their case. Trial advocacy is often far showier than the appellate advocacy of moot court. Opening and closing statements can often be downright dramatic. While conversationalism and avoidance of legal jargon are also important in moot court, their effects are more exaggerated in mock trial in order to increase accessibility for the jury.
NYU Law has a successful mock trial program. Last year, the program performed very well, winning one tournament and reaching the semifinals of two others. NYU Law Mock Trial just concluded its annual Fall Oral Advocacy Competition, which acts as both an oral advocacy competition for all law students interested in brushing up on their oral advocacy skills and as an audition for students interested in competing on the mock trial team. To compete in the OAC, students prepare and deliver a 10-minute closing argument based on a short fact pattern. The mock trial board selects two winners and two runners-up, one of each for both the plaintiff and the defense. Additionally, top-scoring competitors are invited back for a callback audition, after which several are invited to join the mock trial team.
The Ins and Outs of Moot Court
Moot court
Moot court: Oral argument. (Photo by Ken Colwell.)
Moot court is a very different beast, especially at NYU Law. At NYU, Moot Court Board, or MCB, is a journal. MCB is split into two committees: Competitions and Casebook. The Competitions committee is what normally comes to mind when people think of moot court; teams of MCB members participate at various moot court competitions throughout the country. Casebook is very different. Casebook is a committee of MCB members who author myriad moot court problems, which they then assemble into a casebook. That casebook is published each year and happens to be the most-used set of casebook problems in the country.
Each year, MCB hosts the Orion S. Marden Competition right here at NYU Law. Marden is a moot court competition that spans the full year. Fall constitutes the elimination round, in which competitors brief a single-issue problem and give oral argument both “on brief” and “off brief” – on the side they briefed and on the opposite side, respectively. Competitors receive scores for their briefs and oral arguments, and those with the highest scores advance to the spring round, which will require students to pair off into teams in order to address a new, two-issue problem. This problem is framed as an appeal to the Supreme Court of the United States, with the problem materials composed of the briefs below, as well as the opinions of the lower courts who have thus far “decided” the case. Marden, as with any moot court problem, is based on a circuit split, or a disagreement between circuit courts as to how to decide a particular issue. As such, there is no “winning” precedent. Competitors must rely on their advocacy skills and their ability to distinguish unfavorable circuit precedents from those precedents favoring their positions.
In addition to running Marden, some MCB members also participate in Marden. Any MCB 2L who wishes to join Competitions in the spring must compete in Marden, with the top scorers being invited to join Competitions. However, MCB members can neither place nor advance in the fall round. The highest-scoring MCB member will be recognized; however, no MCB member can win the fall round of Marden.
As a 2L hoping to join Competitions in the spring, I have just finished competing in, and am still helping to run, Marden. The competition began back in late September, when all competitors received the fall problem. Each competitor had to write a legal brief for their assigned side, which was due several weeks before oral arguments began. Next, competitors had to prepare an oral argument for both the side they briefed and the side that they did not. Each competitor was assigned to at least two on-brief and one off-brief argument.
Compare and Contrast
Marden is very different from any mock trial competition. First, mock trial does not involve briefs. There is no written component. Secondly, and significantly, moot court involves a very different sort of oral advocacy than does mock trial. Whereas mock trial involves a whole trial, moot court tournaments are composed of a single oral argument for each side, plus a rebuttal for the petitioner. For Marden, oral arguments lasted for a maximum of 15 minutes on each side.
The biggest difference between moot court and mock trial is the difference between appellate and trial advocacy. Unlike in mock trial, in moot court one directs oral argument at a panel of appellate “judges,” usually local attorneys and judges. This type of advocacy requires a different structure, demeanor, and rhetorical style than trial advocacy. Issues do not need to be “dumbed down” or spelled out to the same degree as they would before a jury. Conversationalism is still crucial to a successful argument, but a conversation with a panel of appellate judges is obviously going to sound very different from a conversation with a jury.
Competitors’ demeanor generally differs between mock trial and moot court. During a mock trial statement, competitors will often vary their speed, tone, and volume, in addition to adding other dramatic flourishes, to keep the attention and play on the sympathies of the jury. Oral argument tends to be far less dramatic and far more straightforward. Additionally, while a strong “theme” running throughout a mock trial statement is practically a necessity, such themes are generally not used in oral arguments. If something resembling a theme is used, it will be incredibly subtle and will not be hammered home as frequently and transparently as a jury-geared theme would. Moot court oralists are concerned with framing the issue and laying out the framework of their argument before a judge can interrupt.
Judges’ interruption of oral argument is, in my opinion, the most significant difference between trial and appellate advocacy, at least in the competitive context. While no one can interrupt a mock trial opening or closing statement, judicial interruption and questioning is an essential part of oral argument. Moot court competitors prepare remarks, but they fully expect to be interrupted with questions. Judges might ask many questions or only a few, but, at least in my limited experience, judges will ask at least a question or two. The clock continues to run during questions, introducing the additional challenge of getting out each important point, or of prioritizing which points to get out, when a competitor is faced with fewer than the full 15 minutes to actually address the planned argument. Successful competitors tie their answers back into their original argument, controlling the conversation while remaining deferential to the judges. As a result, oral arguments are far more of a balancing act than the elements of a round of mock trial.
Hopefully, this post has clarified some of the confusion surrounding mock trial and moot court. As someone who intends to pursue a career in litigation after law school, I highly recommend that incoming students with a similar interest in litigation participate in one or both of these activities in order to hone their skills in that field.
This entry was written by Jordan Joske '14 and posted on January 14, 2013.
The entry was filed under these categories: Extracurricular Activities, Tips and Advice
Read more from Life at NYU Law
10 Steps to Understanding the Law Student in Your Life
The Showdown: NYU vs. Columbia
Is a Bicycle a Vehicle? (And Other Legal Questions)
The German vs. the American Law School Experience
File Under M: The Difference Between Mock and Moot
8 Signs You’re Learning to Think Like a Lawyer
The Best Way to Prepare for 1L Year
https://youtu.be/dgMcWjVgfjA
https://youtu.be/KPHIG3jwGBE
https://youtu.be/ZxrvKyB81YM
게시일: 2017. 3. 2.
A special presentation from MCAET. The Lyceum of Monterey County Annual "Mock Trial" Finals from 2017. The finals include the 2016 National Mock Trial champions Carmel High school versus Pacific Grove High School. This year’s case grapples with human trafficking in “The People vs. Awbrey."
https://youtu.be/I2yjo862M0M
게시일: 2015. 5. 21.
Professor Risa Goluboff discusses Marbury v. Madison and the creation of judicial review in a mock constitutional law/civil rights class held for admitted students. (March 20, 2015, University of Virginia School of Law)
Bible as Literature
Lesson 1
What Makes the BibleLiterature?
This lesson explores what it means to say that the Bible is literature, and provides an introduction to literary approaches to the Bible.
The Good Book
Adam and Eve . . . The 10 Commandments . . . The birth of Jesus . . .
Even if you’ve never read the Bible, you know it. Its stories and psalms, phrases and proverbs, have seeped into our everyday lives. It is the book that has permeated Western culture more than any other. It is, in common parlance, the Good Book.
Of course, the Bible is a religious text — but it’s also a work of literature. In fact, it’s a literary masterpiece. The Bible can’t be beat for sheer diversity of form and content, for artistry, for affective power, and for the way in which it keeps springing surprises on us. It is not simply a good book; it is the best. This book is dynamite.
In this class, we’ll look at ways to read the Bible for its literary qualities — its narrative genres, its stylistic forms, its poetry and prose. You need not have a particular religious orientation to take a literary approach to the Bible. You can pick it up as you would a novel and delve into its world, get to know its characters, and follow its rich and wonderful stories.
Even if you feel you already know the Bible, this course will give you an opportunity to engage it on another level. Together we will look at the Bible through new eyes.
Where Did the Bible Come From?
The first thing you need to know about the Bible is that it is not one book but an anthology of 66 individual books. The word “Bible” comes from the Greek biblios, which means “little books.”
The authorship of the Bible is shrouded in mystery. What we do know is that dozens of authors wrote it over a span of approximately 1,500 years. The Old Testament was written in Hebrew and the New Testament in Greek (primarily in the dialect of koine). For the most part, it was composed in the Middle Eastern region then called Palestine. It could be said that the Bible has a national unity in the sense that virtually all of its authors were Jewish.
The individual books of the Bible gradually were collected into one volume, but we know little about the process. We can infer that many parts of the Bible originally circulated in oral form, but — as with Homer’s Odyssey — it is difficult to say when or how these materials were first written down. The phases through which the parts of the Bible passed were these: composition (in oral or written form), circulation, collection, and recognition or canonization (acceptance of the collected works as a single sacred book).
Naturally, given the long span of its composition and its many authors, you may be wondering how — and even if — the Bible can be said to be one cohesive story. We will look at the question of what unifies this diverse, sprawling book in the final lesson of the course, Lesson 8.
What to Expect
First and foremost, this is a literature course, not unlike a college-level English class. In most lessons, we will look at one or more literary genres of the Bible. The French word genre means “type” or “kind”; for our purposes, it denotes a standard form of narrative (story) or verse (poem). A host of literary genres appear in the Bible — comedy, tragedy, satire, parables, proverbs, “hero” tales, epistles, visionary writings, and many more.
Typically, each lesson will combine:
•Assigned reading in the course textbook, How to Read the Bible as Literature.
•Learning by doing — application of ideas covered in the reading and lesson to specific passages in the Bible. At certain points, you will be asked to read a passage and take a few minutes to analyze it before continuing on with the lesson.
•Discussion topics, which you will be encouraged to explore with your instructor and classmates on the Message Board.
•A short quiz on the main ideas of the lesson.
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Our goal is to explore how the Bible works as literature — but first we must answer one key question: What, in particular, is “literary” about the Bible?
C. S. Lewis on the Bible as Literature
“There is a . . . sense in which the Bible, since it is after all literature, cannot properly be read except as literature; and the different parts of it as the different sorts of literature they are.”
— C. S. Lewis, Reflections on the Psalms
What Is Literature?
We’ve mentioned that literature is made up of many different genres — but what do all these genres have in common? What traits do they share that enable us to call them “literature?”
Imagine you’re seated on an airplane, avidly absorbed in your course textbook. The man next to you asks what you’re reading, and you explain that you’re taking a class on the Bible as literature. He looks at you with a puzzled expression. “What do you mean by literature?” he asks.
What would you say to him?
Whatever your definition of literature, it should touch on at least these three points:
•Literature portrays human experience.
•Literary authors not only portray human experience — they also interpret it.
•Literature is an art form. The style of expression — its skillful technique and beauty — may be as significant as the content of a work.
•You can expand on this definition of literature as you see fit. For more discussion of what literature is and how it applies to the Bible, read the Lesson 1 assignment in How to Read the Bible as Literature.
Cain and Abel
Our working definition of literature gives you a lens through which you can view the Bible. Look for how individual stories portray recognizable human experience. Take a passage and examine its style as well as its substance.
As a case study, let’s read the story of Cain and Abel. You’ll find it in Genesis 4:1-16 (pages 10-11 in The Harper Collins Study Bible). Even if you’re familiar with the story, read it as if for the first time. Now ask yourself the following question:
•What is literary about the story of Cain and Abel?
Take a few minutes and write down your thoughts on a sheet of paper. When you’re finished, read on.
What’s literary about the story of Cain and Abel? There’s no right or wrong answer, of course, but let’s begin to explore the question by looking at the story through the prism of our three-pronged definition of literature from the previous section:
•Does the story of Cain and Abel portray human experience?
Yes, in abundance. Here is a partial list of the conditions and emotions it touches on: sibling rivalry, domestic violence, the “model” child versus the “problem” child, guilt, remorse, envy, lying, self-pity, harboring a grudge, giving in to evil impulses — to mention but a few.
•How does the author interpret human experience?
Crime will be punished. The story is not just a tale of murder, but also of retribution. Following the archetypal pattern of the crime-and-punishment story, the author introduces the criminal (verses 1-4a), gives a motive for the crime (verses 4b-5), describes the crime itself (verse 8), and the arrest, trial, and sentencing (verses 9-12), as well as Cain’s ultimate punishment (verse 16).
•Does the story have an artistic style?
Yes. The plot of the story is masterfully organized — it is a complete tale with a beginning, middle, and end. Beyond that, it contains many of the ingredients that make up “artistic form” in any of the arts: unity, progression, contrast, balance, symmetry, repetition or recurrence, and variation.
Three Types of Writing in the Bible
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In The Poetics of Biblical Narrative, Hebrew scholar Meir Sternberg formulates a very helpful framework for looking at the Bible. He theorizes that you can break down the Bible into three types of writing:
•Religious
•Historical
•Literary
In many — if not most — Biblical passages, you may find all three types of writing converging at once. The Bible is a religious book, and it is a rare passage that does not make an explicit or implicit comment on how to live spiritually and morally in the world. Secondly, one of the distinctive features of the Bible is the consistency with which its authors place events in real-life history.
In other words, the Bible is a book unlike most you’ll find in literature courses — a diverse hybrid that mixes history, religion, and literature. In any given passage of the Bible, typically you can identify which type of material dominates.
For example, turn to the story of Ehud’s assassination of Eglon in Judges 3 (pages 372-374 in The Harper Collins Study Bible). Here is how it breaks down:
•Verses 1-6: Historical
•Verses 7-11: Theological
•Verses 15-30: Literary
As you read the Bible, bear in mind that passages that are primarily literary often have historical and theological material. Likewise, even in the parts of the Bible that are not specifically “literary,” the authors may use literary techniques like figurative language and a narrative thread.
The Bible’s Value as Literature
“The events as told in the Scriptures have a value quite apart from their religious significance: a value as literature. They tell of mankind’s experience at its most moving and most memorable in words that go beyond mere chronicle: words that strike the heart and light up the vision.” — Paul Roche, The Bible’s Greatest Stories
Approaching the Bible as Literature
Given that the Bible is such a unique amalgam of literature, religion, and history, what does it mean to take a literary approach to the book?
It is all too easy to pay lip service to the idea that the Bible is literature and then read it as though it were a history or theology book. A better way to read the Bible as literature is to look at the Bible as an interpretive portrayal of human experience in artistic form.
How can you do this? Read the book and ask questions of the text:
•What recognizable human experiences are portrayed in this text?
•What interpretation of human experience is expressed?
•Does the passage fall into one or more standard literary genres?
•What is the artistic style of the passage? What use does the passage make of literary techniques like metaphor, simile, word play, and the like?
If you want to try your hand at applying these questions to a passage, look again at the story of Ehud’s assassination of Eglon in Judges 3:12-30, or read the nature poem Psalm 104 (pages 896-7 in The Harper Collins Study Bible).
The question of what makes the Bible literature has been much discussed, debated, and written about. If you’re interested in exploring the subject further, click on the link below for a list of recommended reading.
Moving Forward
Having constructed a working definition of literature (no small feat, incidentally), you are ready to begin a journey of discovery through the many literary genres in the Bible, starting with the most popular of them all: the Bible story.
Assignment: What Makes the Bible Literature?
