Materials in Trial Advocacy : Problems and Cases

by Mauet, Thomas A.

• ISBN13: 9780735556317
• ISBN10: 0735556318
• Edition: 6th
• Format: Paperback
• Copyright: 2007-02-09
• Publisher: Wolters Kluwer

Summary

Unrivaled in authorship, MATERIALS IN TRIAL ADVOCACY, now in its Sixth Edition, continues to be a solid choice for your students. Help them make a smooth transition from the classroom to the courtroom with a text that has successfully prepared thousands of lawyers for court. Backed by 30 years of professional practice as lawyers and judges, the authors present thoughtfully crafted problems and cases, organized to parallel the stages of a real-life trial. Many great features allow this text to remain the best in the field:Authors Thomas A. Mauet and Warren D. Wolfson bring unparalleled trial experience to the text, having practiced law as both lawyers and judges for 30 years.Trial techniques are divided into three levels: the essentials, the process of developing trial strategy, and complete trialsMaterials are based on actual cases from the authors' own professional experiencesEach chapter contains both civil and criminal problems of increasing complexityContains two-witness trial problems not found in any other materials bookMore complete coverage, more cases, and more problems than competing titles Important new material in the Sixth Edition makes this great text even better:A new full trial case involving medical malpracticeTwo new problems involving insider trading and expert scientific testimonyA thorough revision of the entire text offers additional thought and clarity to existing problems

Table of Contents

Preface	p. xiii
Jury Selection	p. 1
Introduction	p. 3
Civil - Automobile Negligence	p. 5
Civil - Products Liability	p. 7
Civil - Medical Malpractice	p. 9
Civil - Wrongful Death	p. 11
Criminal - Armed Robbery and Aggravated Battery	p. 13
Criminal - Sexual Assault	p. 15
Criminal - Tax Evasion	p. 17
Criminal - Murder	p. 19
Opening Statements	p. 21
Introduction	p. 21
Direct and Cross-Examination	p. 23
Introduction	p. 25
Conversations and Telephone Calls	p. 27
Conversations and Telephone Calls	p. 29
Refreshing Recollection and Recorde Recollection	p. 31
Refreshing Recollection and Recorded Recollection	p. 37
Homicide Victim's Widow	p. 41
Alibi Witness	p. 43
Witness to Car Collision	p. 45
Pedestrian at Car Collision	p. 47
Policeman on Surveillance	p. 51
Policeman at Sexual Assault Scene	p. 53
Robbery Victim	p. 55
Accident Victim	p. 57
Battery Victim - Changed Testimony	p. 59
Accident Investigator at Intersection Collision	p. 61
Robbery Victim and Bank Diagram	p. 65
Robbery Victim and Lineup Photograph	p. 69
Records Witness and Exhibit	p. 73
Character Witness	p. 77
Adverse Witness	p. 79
Stipulations	p. 83
Judicial Notice	p. 89
Exhibits	p. 91
Introduction	p. 93
Gun	p. 95
Monogrammed Card Case	p. 99
Knife	p. 103
Swab Sample	p. 107
Brake Tube	p. 111
Photograph of Police Officers and Plaintiff	p. 117
Photographs of Accident Victim	p. 121
Photograph of Building	p. 127
Photograph of Building	p. 131
Photograph of Building	p. 135
Diagram of Intersection	p. 139
Diagram of House	p. 143
Map	p. 147
Promissory Note	p. 151
Contract	p. 155
Check	p. 159
Letters	p. 163
Stock Purchase Order	p. 169
Theft Report	p. 173
Accident Report	p. 177
Time Card	p. 181
Deposit and Withdrawal Slips	p. 185
Summary Chart	p. 191
Prison Logbook	p. 195
Impeachment and Rehabilitation	p. 203
Introduction	p. 205
Oral Statement	p. 207
Oral Statement	p. 209
Oral Statement	p. 211
Written Report of Oral Statement	p. 213
Written Report of Oral Statement	p. 217
Job Application Form	p. 221
Letter	p. 225
Q and A Signed Statement	p. 229
Deposition Transcript	p. 235
Deposition Transcript	p. 239
Deposition Transcript	p. 245
Grand Jury Transcript and Police Report	p. 249
Police Report	p. 255
Written Statements	p. 259
Grand Jury Transcript and Q and A Signed Statement	p. 265
Deposition Testimony	p. 271
Diagram	p. 273
Grand Jury Transcript	p. 277
Police Report	p. 281
Written Report of Oral Statement	p. 285
Deposition	p. 289
Armed Robbery Identification	p. 291
Experts	p. 293
Introduction	p. 295
Medical Expert Qualification	p. 297
Fingerprint Expert Qualification	p. 303
Treating Physician and Diagrams of Spine	p. 305
Treating Physician	p. 311
Treating Physician	p. 325
Economist	p. 337
Impeachment with Treatise - Fingerprint Expert	p. 343
Impeachment with Treatise - Microanalyst	p. 347
Impeachment with Treatise - Physician	p. 351
Medical Examiner in Murder Case	p. 355
Psychiatrist Testimony in Murder Case	p. 379
Psychiatrist Testimony in Civil Case	p. 397
Hearing into Admissibility of Expert Opinion	p. 413
Advanced Direct and Cross-Examination	p. 427
Introduction	p. 429
Vehicle Collision Case	p. 431
Civil Rights Case	p. 445
Theft of Trade Secrets Case	p. 459
Some Purchase Contract Case	p. 491
Age Discrimination Employment Case	p. 513
Murder Case	p. 533
Drug Entrapment Case	p. 541
Criminal Fraud Case	p. 553
Armed Robbery Case	p. 587
Bribery Case	p. 607
Insider Trading Case	p. 627
Closing Arguments	p. 649
Introduction	p. 651
Liability Argument in Contract Action	p. 653
Damages Argument in Negligence Action	p. 655
Damages Argument in Products Liability Action	p. 657
Identification Argument in Robbery Case	p. 659
Identification and Alibi Argument in Robbery Case	p. 661
Self-Defense Argument in Murder Case	p. 663
Trials	p. 665
Introduction	p. 667
General Jury Instructions	p. 669
Genera] Civil Jury Instructions	p. 671
General Criminal Jury Instructions	p. 673
Suggested Verdict Forms	p. 675
False Arrest, Malicious Prosecution, and Defamation - Karen Adams v. Chandler Department Store	p. 677
Contract - Walter Thompson v. Thermorad Corporation	p. 743
Negligence (Contribution Claim) - Joseph Minor Construction Company v. Mid-American Concrete Company	p. 797
Products Liability and Wrongful Death - Shirley Harte, Administrator of the Estate of Marion Harte, Deceased v. Acme Manufacturing Company	p. 837
Gender Discrimination, Wrongful Termination, and Defamation - Sharon Donaldson v. Empire Car Rental Company	p. 891
Murder - State V. Merle Rausch	p. 895
Murder and Attempted Armed Robbery - State v. John Hudson	p. 921
Aggravated Sexual Assault - State V. Michael Miller	p. 951
Murder - State v. Frank Fletcher and Arthur Morris	p. 981
Bribery - State v. Arthur Wentworth and Clem Benson	p. 1013
Criminal Mail Fraud and Civil Fraud - United States of America/Rock Insurance Co. v. Chris Manning	p. 1037
Medical Negligence - Jennifer Smith v. Kelly Davis, M.D.	p. 1123
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