Dynamics of Trial Practice: Problems and Materials

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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, ...
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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.
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Product Details

  • ISBN-13: 9780314043146
  • Publisher: West Group
  • Publication date: 12/28/1994
  • Series: American Casebook Series
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 571
  • Product dimensions: 8.25 (w) x 9.90 (h) x 0.88 (d)

Table of Contents

Dedication
Preface
Acknowledgements
Table of Cases
Ch. 1 Introduction 1
Ch. 2 A Case File 10
Ch. 3 Strategic Litigation Planning 27
Ch. 4 Jury Selection - The Strategy of Jury Deselection 44
Ch. 5 Opening Statement - An Exercise in Res Ipsa Loquitur 78
Ch. 6 Evidentiary Objections - Effectively Urging Objections Which Make Strategic or Tactical Sense 101
Ch. 7 The Microcosm of Direct Examination: Laying a Foundation - Putting the Witness' Honesty and Intelligence on Optimal Display 123
Ch. 8 The Microcosm of Cross-Examination: Impeachment - Making Factual Assertions Under the Guise of Asking Questions 143
Ch. 9 The Macrocosm of Direct-Examination: Organizing the Case-In-Chief - Using the Theory and Theme to Bracket Your Case 173
Ch. 10 The Macrocosm of Cross-Examination - Using the Opposing Witnesses to Support Your Theory and Theme 199
Ch. 11 The Direct Examination of Expert Witnesses - Presenting Your Opinion Testimony Impressively but Clearly 225
Ch. 12 The Cross-Examination of Expert Witnesses - Demystifying the Opposing Experts 247
Ch. 13 The Instructions Conference - Obtaining the Judicial Imprimatur on Your Theory and Theme 264
Ch. 14 Closing Argument - Using the Theory and Theme to Answer the "Why" Questions 277
Ch. 15 Trial Motions 306
Ch. 16 Conclusion 321
Appendix A 323
Appendix B 396
Index 569
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