Trial Practice

An approach to trial advocacy. Strategies for developing argument-centered narratives -- Persuasive legal narratives -- Inferential arguments -- Credibility arguments -- Silent arguments -- Alternative dispute resolution. Courtroom presentation strategies. Courtroom presentation overview -- Opening statements -- Direct examination -- Cross examination -- Expert witnesses -- Closing argument -- Evidence rules and processes -- Satisfying foundational requirements for tangible evidence. Softbound - New, softbound print book.

As any experienced litigator knows, litigation theory is often compromised by the realities of an actual trial. This valuable book is written to give young trial lawyers an appreciation of the real problems encountered during jury trials, and how to effectively handle them. Anatomy of a Trial examines the key phases of jury trials (voir dire, opening statements, direct and cross-examination, and closing arguments) in the context of two particular cases, one criminal and the other civil. The criminal case involves highly complex subjects and law, and hinges on simplification and storytelling for the jury. The civil case illustrates that most cases rely on the credibility of witnesses, and also showcases the critical importance of experts in trials of a technical nature. The assessment of these cases highlights their differences, but also illustrates where the well-developed principles of rhetoric are fundamental to success at trial, no matter the nature of the litigation. With complete opening and closing statements, many excerpts from the trial transcripts, helpful explanations of the tactics used in the courtroom, and commentary from five judges on what the lawyers did right and wrong, Anatomy of a Trial is a thorough exploration of trial techniques through the lens of two actual cases. Argument is the fundamental tool of the lawyer's craft, and this practical book describes the twelve material factors that influence the persuasive effect of any argument. These twelve secrets, based on ideas from some of the world's great thinkers and advocates, will show you how to make the most persuasive argument possible and maximize your success before a judge or jury, in mediation or arbitration, and anywhere else. Book jacket.

The overarching objective of A Student's Guide to Hearsay is to help students sort out the complexities of the hearsay rule, its exceptions, and the Sixth Amendment Confrontation Clause. For each exception, this book: Outlines the policies underlying the exception; Lists and explains the requirements that must be satisfied for evidence to be admitted under the exception; Explains additional issues that have arisen or are likely to arise; Explains how the rule interacts with other rules ; Discusses tactical and procedural considerations that must be understood to appreciate how the rule plays in court; and Provides review questions and answers that allow students to test their understanding and applications of the rules. The book also includes humorous references addressing the hearsay significance of a ham sandwich, Humpty Dumpty, the Greek god of wine, Tim McGraw, dog saliva, Derek Jeter, a squeaky boot, Leonardo DiCaprio, the French Army, the speed of sound, Commander Data, and the Chicago Cubs. The Fourth Edition is based on the text of the restyled Federal Rules of Evidence that became effective December 1, 2011. It includes a detailed discussion of every Supreme Court Confrontation Clause decision from Crawford to Bryant, and also discusses the Bullcoming case which the Court will probably decide sometime this year. It includes a link to the author's web page on which updates to the Guide will be posted.

This guide conveys the author's 30+ years of experience as a profound litigator by taking the attorney through the process of building a case and refining the presentation - including critical keys to persuading jurors and judges. - A MORE CURRENT 2003 EDITION OF THIS TITLE EXISTS - However, DePaul Does Not Own.

A MORE CURRENT 4TH EDITION HAS BEEN PUBLISHED - However, DePaul does not own.

Attacking Adverse Experts is a comprehensive step-by-step guide to investigating, evaluating, and attacking the adverse expert in civil cases, from the earliest stages of discovery, through the expert's deposition, your motion to exclude his testimony, your cross-examination of the expert and other critical phases of the trial, and even appeals. In addition, the book includes a CD-ROM of appendix material that provides checklists and dozens of legal citations.

Effective Depositions is a comprehensive, practical guide through every stage of the deposition process. It concisely covers the law of depositions and related discovery issues and gives you a clear, thorough understanding of the process and its practical challenges and pitfalls so that you can make the best use of the opportunities the process offers. It contains numerous case studies and clearly-explained examples, in addition to models, sample forms and checklists.