Trying Cases to Win: Anatomy of a Trial

by Stern, Herbert Jay

• ISBN13: 9780735506091
• ISBN10: 0735506094
• Format: Hardcover
• Copyright: 1999-07-01
• Publisher: Wolters Kluwer Law and Business

Summary

Anatomy of a Trial brings the principles of the acclaimed Trying Cases to Win series into action. You'll find line-by-line critique of the opening arguments, direct and cross-examinations of witnesses, rulings, final motions, closing arguments And The verdict from an actual trial. The detailed analysis, from the viewpoints of the attorney And The jury, demonstrates good and bad advocacy in every stage of the trial. You'll learn what worked - and why. And just as important, you'll see what did not work - and what better strategies would have been.

Table of Contents

Acknowledgments	xi
Introduction	xiii
Opening Instructions	1	(6)
The Court's Instructions	1	(4)
Analysis of the Preliminary Instructions	5	(2)
The Opening Arguments	7	(34)
The Plaintiff s Opening	7	(16)
The Opening Argument	7	(10)
Analysis of Plaintiff's Opening Statement	17	(6)
The Defendants' Opening	23	(15)
Defendants' Opening	23	(13)
Analysis of Defendants' Opening	36	(2)
Keeping Score	38	(3)
The First Witness	41	(104)
Direct Examination of the Plaintiff's First Witness	41	(68)
Text of the Direct Examination of the Plaintiff	41	(57)
Analysis of the Direct Examination	98	(11)
Cross-Examination of the Plaintiff's First Witness	109	(28)
Text of the Cross-Examination of the Plaintiff	109	(25)
Analysis of the Cross-Examination of the Plaintiff	134	(3)
Redirect Examination of the Plaintiff's First Witness	137	(4)
Text of Redirect Examination of the Plaintiff	137	(4)
Analysis of the Redirect Examination of the Plaintiff	141	(1)
Recross-Examination of the Plaintiff''s First Witness	141	(4)
Text of the Recross-Examination of the Plaintiff'	141	(1)
Analysis of the Recross-Examination of the Plaintiff	142	(3)
The Second Witness: Nick Craggs	145	(48)
Text of the Direct Examination	145	(14)
Analysis of the Direct Examination	159	(2)
Text of the Cross-Examination of the Witness	161	(19)
Analysis of the Cross-Examination	180	(1)
Text of the Redirect Examination	181	(9)
Analysis of the Redirect Examination	190	(3)
The Sweeney Deposition	193	(22)
Text of the Plaintiff Designated Testimony	193	(18)
Analysis of the Designated Testimony	211	(4)
The First of ``The Blues'' Witnesses: Brian Sullivan	215	(44)
Text of the Examination	215	(26)
Analysis of the Direct Examination	241	(2)
Text of the Cross-Examination	243	(11)
Analysis of the Cross-Examination	254	(2)
Text of the Redirect Examination	256	(1)
Analysis of the Redirect Examination	257	(2)
The Alleged Villain: Helen Hardy	259	(52)
Text of the Direct Examination	259	(42)
Analysis of the Direct Examination	301	(6)
Defendants' Decision Not to Examine the Witness	307	(4)
Concluding the Plaintiff's Case and Motions	311	(20)
Concluding Matters	311	(4)
Defendants' Motion	315	(13)
Brief Comments on the Motion	328	(3)
The Defendants' First Witness: Mr. Maresca	331	(38)
Text of the Direct Examination	331	(21)
Analysis of the Direct Examination	352	(4)
Text of the Cross-Examination	356	(8)
Analysis of the Cross-Examination	364	(2)
Text of the Redirect Examination	366	(1)
Analysis of the Redirect Examination	367	(2)
The Trustee Witnesses	369	(40)
Mr. Sweeney: The Union Chair	369	(31)
Text of the Direct Examination	369	(12)
Analysis of the Direct Examination	381	(1)
Text of the Cross-Examination	382	(8)
Analysis of the Cross-Examination	390	(9)
Text of the Redirect Examination	399	(1)
The Management Trustee	400	(9)
Text of the Direct Examination	400	(5)
Analysis of the Direct Examination	405	(1)
Text of the Cross-Examination	406	(1)
Analysis of the Cross-Examination	407	(2)
Ms. Hardy Returns	409	(18)
Text of the First Part of the Direct Examination	409	(15)
Analysis of the First Part of the Direct Examination	424	(3)
The Ruling on Defendants Motion	427	(4)
Text of the Judge's Ruling	427	(1)
Analysis of the Judge's Ruling	428	(3)
Ms. Hardy Continues and the Defense Rests	431	(78)
Text of the Continued Direct Examination	431	(37)
Analysis of the Direct Examination	468	(4)
Text of the Cross-Examination	472	(22)
Analysis of the Cross-Examination	494	(4)
Text of the Redirect Examination	498	(6)
Analysis of the Redirect Examination	504	(1)
Text of the Recross-Examination	504	(2)
Analysis of the Recross-Examination	506	(1)
Text of the Re-Redirect Examination	506	(1)
Analysis of the Re-Redirect Examination	507	(1)
The Defense Rests and Exhibits Are Admitted	507	(2)
Final Motions, Closing Argument, and Verdict	509	(62)
Motion for Judgment	509	(1)
The Motion	509	(1)
Analysis of the Motion	509	(1)
Instructions on Closing Argument	510	(1)
Text of the Instructions	510	(1)
Analysis of the Instructions	511	(1)
Plaintiff's First Closing Argument	511	(16)
Text of the Argument	512	(15)
Analysis of Plaintiff's First Closing Argument	527	(1)
Defendants' Closing Argument	527	(22)
Text of the Argument	527	(19)
Analysis of Defendants' Closing Argument	546	(3)
Plaintiff's Final Closing Argument	549	(2)
Text of Plaintiff's Final Closing Argument	550	(1)
Analysis of Plaintiff a Final Closing Argument	551	(1)
The Court's Instructions	551	(16)
Text of the Instructions	552	(14)
Analysis of the Court's Instructions	566	(1)
The Jury's Verdict	567	(4)
The Verdict	567	(3)
Analysis of the Verdict	570	(1)
Epilogue	571	(4)
Index	575