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9780314163301

Supplement to Dynamics of Trial Practice : Problems and Materials

by
  • ISBN13:

    9780314163301

  • ISBN10:

    0314163301

  • Edition: 3rd
  • Format: Paperback
  • Copyright: 2005-07-30
  • Publisher: West Group

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Summary

Contains Strategic Litigation Planning and Jury Selection; Opening StatementExercise in Res Ipsa Loquitur; Objections Which Make Strategic or Tactical Sense; Putting the Witness' Honesty and Intelligence on Display; Making Factual Assertions Under the Guise of Asking Questions; Using the Theory and Theme to Bracket Your Case and Using the Opposing Witnesses to Support Your Theory and Theme; Direct Examination of Expert WitnessesPresenting Your Opinion Testimony Impressively But Clearly; Cross-Examination of Expert WitnessesDemystifying Opposing Experts; Instructions ConferenceObtaining Judicial Imprimatur on Your Theory and Theme; Closing ArgumentUsing the Theory and Theme to Answer the "Why" Questions; Trial Motions.

Table of Contents

Introductionp. 1
Counsel's Role Within the litigation Systemp. 1
Protecting Private Interestsp. 1
Advancing Public Interestsp. 1
Strategic Litigation Planning: The Choice of Theory and Themep. 2
The Definitions of Theory and Themep. 2
A Trial Themep. 2
The Pretrial Choice of Theory and Themep. 2
Final Pretrial Case Evaluationp. 2
Jury Selection-The Strategy of Jury Deselectionp. 5
The Decision Whether to Request a Juryp. 5
An Overview of Jury Selection Proceduresp. 5
The Perspective of the Questioning Attorney-The Strategy of Jury Deselectionp. 6
The Perspective of the Questioning Attorney-Pretrial Questionnairesp. 6
The Perspective of the Questioning Attorney-Preliminary Remarks at Trialp. 12
The Perspective of the Questioning Attorney-Planning and Conducting the Questioning at Trialp. 12
Listing All the Types of Questions That the Attorney Would Like to Askp. 12
Determining the Types of Questions That You Need to Ask in Courtp. 13
Drafting the Voir Dire Questionsp. 13
Deciding Whom to Put the Questions top. 14
Conducting the Questioning at Trialp. 14
The Perspective of the Questioning Attorney-Challengesp. 15
Whom to Challengep. 15
Ethical Questionsp. 16
Opening Statement-An Exercise in Res Ipsa Loquiturp. 17
The Importance of the Opening Statementp. 17
The Structure of an Opening Statementp. 17
The Beginningp. 17
The Preview of the Evidencep. 17
The Style of Delivering an Opening Statementp. 19
Evidentiary Objections-Effectively Urging Objections Which Make Strategic or Tactical Sensep. 20
Raising Evidentiary Objections Before Trialp. 20
Typical Evidentiary Objections at Trialp. 20
Recognize the Evidentiary Objectionp. 20
Deciding Whether to Objectp. 20
Objectp. 21
Respond to the Rulingp. 21
The Microcosm of Direct Examination: Laying a Foundation the Witness-Treating the Witness as an Exhibit and Putting the Witness's Honesty and Intelligence on Optimal Displayp. 22
Drafting a Line of Questions to Lay a Foundation for an Item of Evidencep. 22
Deciding Which Foundational Facts to Stressp. 22
Drafting the Foundational Questionsp. 22
Ethical Questionsp. 22
The Microcosm of Cross-Examination: Impeachment-Making Factual Assertions Under the Guise of Asking Questionsp. 24
Drafting a Line of Questions to Lay a Foundation for an Item of Impeachment Evidencep. 24
Drafting the Foundational Questionsp. 24
The Final Planning Steps for Cross-Examinationp. 24
Another Sample Line of Impeaching Questionsp. 24
The Macrocosm of Direct Examination: Organizing the Case-In-Chief-Using the Theory and Theme to Bracket Your Casep. 25
Structuring the Direct Examination of Each Witnessp. 25
The Sequence of Topics on Directp. 25
Ensuring that the Direct Testimony Is Visually Appealingp. 25
Determining the Sequence of the Witnessesp. 26
Presenting the Witnesses at Trialp. 26
The Style of Presentationp. 26
The Macrocosm of Cross-Examination-Using the Opposing Witnesses to Support Your Theory and Themep. 27
Planning and Conducting a Cross-Examination or Recrossp. 27
Choosing the Items of Evidencep. 27
Tentatively Sequence the Cross-Examinationp. 28
Conduct the Cross and Re-Crossp. 28
The Direct Examination of Expert Witnesses-Presenting Your Opinion Testimony Impressively but Clearlyp. 30
The Various Uses of Expert Witnessesp. 30
The Expert's Qualificationsp. 30
Tacticsp. 30
The Expert's Major Premisep. 30
The Lawp. 30
Tacticsp. 30
The Explanation of the Reasoning Process Underlying the Expert's Opinionp. 31
The Cross-Examination of Expert Witnesses-Demystifying the Opposing Expertsp. 32
Attacking the Expert's Impartialityp. 32
Attacking the Expert Qualification'sp. 33
Attacking the Expert's Theory or Techniquep. 33
Attacking the Expert's Minor Premisep. 34
The Instructions Conference-Obtaining the Judicial Imprimatur on Your Theory and Themep. 35
Introductionp. 35
Raising Instructional Issues Before Trialp. 35
The Determination of the Instructionsp. 36
What Objections Can You Make to Your Opponent's Proposed Instructions?p. 36
Procedures for the Conference and Remaining Phases of the Trialp. 36
Closing Argument-Using the Theory and Theme to Answer the "Why" Questionsp. 37
Introductionp. 37
The General Structure of a Closing Argumentp. 37
The Introductionp. 37
The Summation and Argumentp. 37
The Conclusionp. 39
Motions to Strike Statements Made During Summationp. 39
The Grounds for Motions to Strikep. 39
Trial Motionsp. 41
New Trial Motionsp. 41
Substancep. 41
Conclusionp. 42
Appendix Ap. 43
Appendix Bp. 63
Table of Contents provided by Ingram. All Rights Reserved.

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