Anatomy of a Trial : A Handbook for Young Lawyers

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ISBN: 9781616329433 | 1616329432
Cover: Paperback
Copyright: 4/16/2012

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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.

Foreword	p. ix
Introduction	p. xi
Voir Dire	p. 1
Mock Trials and Focus Groups	p. 5
Voir Dire and the Internet	p. 8
First Impressions-Opening Statements	p. 11
"Arguing" the Case	p. 12
Opening Statements and the First Five Minutes	p. 15
The Theme as Organizing Principle	p. 22
Ethos, Logos, and Pathos	p. 26
Style and Delivery	p. 35
Immunization	p. 37
Opening Statement: A View From the Bench	p. 39
Government Opening	p. 39
Narrow Focus	p. 41
The Defense Opening	p. 42
"What This Case Is Really About"	p. 43
Dealing with Difficult Facts	p. 44
Developing a Theme	p. 45
Exploiting an Opening	p. 46
Risky Tactic	p. 47
Conclusion	p. 48
The Heart of the Trial-Direct Examination	p. 49
Preparing Yourself and the Witnesses	p. 50
The Bounds of Ethics	p. 52
Beware of Leading Questions	p. 53
Make it Memorable	p. 55
Authenticating Exhibits	p. 63
Structuring the Examination	p. 67
Redirect Examination	p. 108
Direct Examination-A View From the Bench	p. 111
Deus Ex Machina-The Expert Witness	p. 117
Before Trial-Choose Wisely	p. 118
Essential Rules and Case Law	p. 119
The Expert at Trial	p. 126
"A Legal Engine for Truth"-Cross-Examination	p. 149
Four Steps to Powerful Cross-Examinations	p. 150
Specific Goals of Cross-Examination	p. 158
The Law of Impeachment	p. 191
Cross-Examination-A View From the Bench	p. 195
Sandler's Step One: Select Those Topics Most Advantageous to Your Case	p. 196
Step Two: Arrange Your Topics and Points Strategically	p. 197
Step Three: Control the Witness	p. 199
Step Four: Conduct Cross with Delivery and Style Consistent with Your Goals	p. 200
Tying it All Together-Closing Argument	p. 203
Delivery, Delivery, Delivery	p. 204
General Rules	p. 209
Arrangement	p. 214
Rebuttal Argument	p. 232
Closing Argument-A View From the Bench	p. 235
Organization-An Opportunity Often Lost	p. 236
Delivery-Be Yourself	p. 240
A Concluding Thought	p. 245
Preserving and Protecting the Appeal	p. 247
The Opening Statements in U.S. V. Rosen	p. 253
The Closing Arguments in U.S. v. Rosen	p. 275
Closing Argument by the Government	p. 275
Closing Argument by the Defense	p. 296
Rebuttal Argument by the Government	p. 316
Opening Statements in the Maffei Case	p. 321
Opening Statement by the Plaintiff	p. 321
Opening Statement by the Defense	p. 328
Closing Arguments in the Maffei Case	p. 343
Closing Argument by the Plaintiff	p. 343
Closing Argument by the Defense	p. 358
Rebuttal Argument by the Plaintiff	p. 369
Afterword	p. 375
Index	p. 381
About the Author	p. 393
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Anatomy of a Trial : A Handbook for Young Lawyers

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