Supplement to Dynamics of Trial Practice : Problems and Materials

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ISBN: 9780314163301 | 0314163301
Cover: Paperback
Copyright: 7/30/2005

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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.

Introduction	p. 1
Counsel's Role Within the litigation System	p. 1
Protecting Private Interests	p. 1
Advancing Public Interests	p. 1
Strategic Litigation Planning: The Choice of Theory and Theme	p. 2
The Definitions of Theory and Theme	p. 2
A Trial Theme	p. 2
The Pretrial Choice of Theory and Theme	p. 2
Final Pretrial Case Evaluation	p. 2
Jury Selection-The Strategy of Jury Deselection	p. 5
The Decision Whether to Request a Jury	p. 5
An Overview of Jury Selection Procedures	p. 5
The Perspective of the Questioning Attorney-The Strategy of Jury Deselection	p. 6
The Perspective of the Questioning Attorney-Pretrial Questionnaires	p. 6
The Perspective of the Questioning Attorney-Preliminary Remarks at Trial	p. 12
The Perspective of the Questioning Attorney-Planning and Conducting the Questioning at Trial	p. 12
Listing All the Types of Questions That the Attorney Would Like to Ask	p. 12
Determining the Types of Questions That You Need to Ask in Court	p. 13
Drafting the Voir Dire Questions	p. 13
Deciding Whom to Put the Questions to	p. 14
Conducting the Questioning at Trial	p. 14
The Perspective of the Questioning Attorney-Challenges	p. 15
Whom to Challenge	p. 15
Ethical Questions	p. 16
Opening Statement-An Exercise in Res Ipsa Loquitur	p. 17
The Importance of the Opening Statement	p. 17
The Structure of an Opening Statement	p. 17
The Beginning	p. 17
The Preview of the Evidence	p. 17
The Style of Delivering an Opening Statement	p. 19
Evidentiary Objections-Effectively Urging Objections Which Make Strategic or Tactical Sense	p. 20
Raising Evidentiary Objections Before Trial	p. 20
Typical Evidentiary Objections at Trial	p. 20
Recognize the Evidentiary Objection	p. 20
Deciding Whether to Object	p. 20
Object	p. 21
Respond to the Ruling	p. 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 Display	p. 22
Drafting a Line of Questions to Lay a Foundation for an Item of Evidence	p. 22
Deciding Which Foundational Facts to Stress	p. 22
Drafting the Foundational Questions	p. 22
Ethical Questions	p. 22
The Microcosm of Cross-Examination: Impeachment-Making Factual Assertions Under the Guise of Asking Questions	p. 24
Drafting a Line of Questions to Lay a Foundation for an Item of Impeachment Evidence	p. 24
Drafting the Foundational Questions	p. 24
The Final Planning Steps for Cross-Examination	p. 24
Another Sample Line of Impeaching Questions	p. 24
The Macrocosm of Direct Examination: Organizing the Case-In-Chief-Using the Theory and Theme to Bracket Your Case	p. 25
Structuring the Direct Examination of Each Witness	p. 25
The Sequence of Topics on Direct	p. 25
Ensuring that the Direct Testimony Is Visually Appealing	p. 25
Determining the Sequence of the Witnesses	p. 26
Presenting the Witnesses at Trial	p. 26
The Style of Presentation	p. 26
The Macrocosm of Cross-Examination-Using the Opposing Witnesses to Support Your Theory and Theme	p. 27
Planning and Conducting a Cross-Examination or Recross	p. 27
Choosing the Items of Evidence	p. 27
Tentatively Sequence the Cross-Examination	p. 28
Conduct the Cross and Re-Cross	p. 28
The Direct Examination of Expert Witnesses-Presenting Your Opinion Testimony Impressively but Clearly	p. 30
The Various Uses of Expert Witnesses	p. 30
The Expert's Qualifications	p. 30
Tactics	p. 30
The Expert's Major Premise	p. 30
The Law	p. 30
Tactics	p. 30
The Explanation of the Reasoning Process Underlying the Expert's Opinion	p. 31
The Cross-Examination of Expert Witnesses-Demystifying the Opposing Experts	p. 32
Attacking the Expert's Impartiality	p. 32
Attacking the Expert Qualification's	p. 33
Attacking the Expert's Theory or Technique	p. 33
Attacking the Expert's Minor Premise	p. 34
The Instructions Conference-Obtaining the Judicial Imprimatur on Your Theory and Theme	p. 35
Introduction	p. 35
Raising Instructional Issues Before Trial	p. 35
The Determination of the Instructions	p. 36
What Objections Can You Make to Your Opponent's Proposed Instructions?	p. 36
Procedures for the Conference and Remaining Phases of the Trial	p. 36
Closing Argument-Using the Theory and Theme to Answer the "Why" Questions	p. 37
Introduction	p. 37
The General Structure of a Closing Argument	p. 37
The Introduction	p. 37
The Summation and Argument	p. 37
The Conclusion	p. 39
Motions to Strike Statements Made During Summation	p. 39
The Grounds for Motions to Strike	p. 39
Trial Motions	p. 41
New Trial Motions	p. 41
Substance	p. 41
Conclusion	p. 42
Appendix A	p. 43
Appendix B	p. 63
Table of Contents provided by Ingram. All Rights Reserved.

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Supplement to Dynamics of Trial Practice : Problems and Materials

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