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Abstract

This Article describes and evaluates a kinesthetic, simulation-based approach to teaching Evidence at Southern Illinois University Simmons Law School. Departing from the traditional Langdellian, case-method model, one section of Evidence requires students to memorize and apply the Federal Rules of Evidence through a series of five scaffolded mini-trials built around fractured fairy tales and nursery rhymes. Drawing on the MacCrate Report, Bloom’s taxonomy, and Vygotsky’s theory of scaffolding, we situate this pedagogy within the broader movement toward experiential legal education and argue that Evidence—because of its centrality to litigation practice—is an ideal doctrinal course in which to integrate trial advocacy and skills training.

The Article explains how the course is structured, including the formation of “law firms,” rotating student judges, and progressively more complex trial problems that require students to move from simple recall of rules to higher-order skills such as application, analysis, evaluation, and creation. We present both quantitative and qualitative data from student evaluations and surveys, as well as the teaching assistant’s observations and personal testimony, to demonstrate that this kinesthetic model increases engagement, deepens understanding of evidentiary doctrine, and improves students’ confidence and performance in courtroom settings, externships, and mock trial competitions.

Ultimately, we contend that embedding episodic, low-stakes trials in a required Evidence course offers a powerful way to help students internalize the Federal Rules of Evidence, develop professional identity, and practice lawyering skills in a supportive, scaffolded environment. We conclude by suggesting how this method can be adapted to other doctrinal courses, challenging law schools to reconsider the sharp divide between “doctrinal” and “skills” instruction in favor of a more integrated, practice-ready curriculum

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