Dynamics of Trial Practice:Problems and Materials / Edition 3

Dynamics of Trial Practice:Problems and Materials / Edition 3

by Ronald L. L. Carlson, Edward J. Imwinkelried, Edward A. Imwinkelried, Edward J. Imwinkelried
     
 

This text discusses the forensic techniques of witness examination and jury speech. However, this text attempts to teach the student far more than forensic technique. Throughout this text, the authors have emphasized the need for strategic evaluation of the case - rational, systematic planning. That planning demands the type of precise fact analysis and predictive… See more details below

Overview

This text discusses the forensic techniques of witness examination and jury speech. However, this text attempts to teach the student far more than forensic technique. Throughout this text, the authors have emphasized the need for strategic evaluation of the case - rational, systematic planning. That planning demands the type of precise fact analysis and predictive judgement which Karl Llewellyn describes as the reason d'etre of the law school curriculum. For an instructions conference in law reform litigation, the trial attorney must draft a jury instruction on his or her legal theory. To do so, the attorney must be able to identify the facts triggering the social policies which will motivate the trial and appellate courts to reform the law - an analytic skill learned in the most Socratic law school courses. In making such decisions such as the choice of a theory of the cases and the exercise of strikes during jury selection during jury selection, the litigator makes difficult predictive judgements. Llewellyn himself wrote that one of the most important lessons for law students to learn is that the so-called rules of law are essentially predictions of legal behavior.

Read More

Product Details

ISBN-13:
9780314264794
Publisher:
West Academic Publishing
Publication date:
11/28/2002
Series:
American Casebook Series and Other Coursebooks
Edition description:
REV
Pages:
701

Related Subjects

Table of Contents

Dedication
Preface
Acknowledgements
Table of Cases
Ch. 1Introduction1
Ch. 2A Case File10
Ch. 3Strategic Litigation Planning27
Ch. 4Jury Selection - The Strategy of Jury Deselection44
Ch. 5Opening Statement - An Exercise in Res Ipsa Loquitur78
Ch. 6Evidentiary Objections - Effectively Urging Objections Which Make Strategic or Tactical Sense101
Ch. 7The Microcosm of Direct Examination: Laying a Foundation - Putting the Witness' Honesty and Intelligence on Optimal Display123
Ch. 8The Microcosm of Cross-Examination: Impeachment - Making Factual Assertions Under the Guise of Asking Questions143
Ch. 9The Macrocosm of Direct-Examination: Organizing the Case-In-Chief - Using the Theory and Theme to Bracket Your Case173
Ch. 10The Macrocosm of Cross-Examination - Using the Opposing Witnesses to Support Your Theory and Theme199
Ch. 11The Direct Examination of Expert Witnesses - Presenting Your Opinion Testimony Impressively but Clearly225
Ch. 12The Cross-Examination of Expert Witnesses - Demystifying the Opposing Experts247
Ch. 13The Instructions Conference - Obtaining the Judicial Imprimatur on Your Theory and Theme264
Ch. 14Closing Argument - Using the Theory and Theme to Answer the "Why" Questions277
Ch. 15Trial Motions306
Ch. 16Conclusion321
Appendix A323
Appendix B396
Index569

Read More

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >