Trial Advocacy Basics
Trial Advocacy Basics

Author: Molly Townes O’Brien

Publisher: Aspen Publishing

Published: 2016-09-16

Total Pages: 491

ISBN-13: 160156564X

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Surely one of the most intimidating moments in your professional life is standing before a judge and jurors the morning of your very first trial. This is no mock trial: the stakes are high, and your client is counting on you. Are you ready? Trial Advocacy Basics is a courtroom primer that helps both the novice advocate prepare for his first day in court and the practicing lawyer bring her skills in line with the most recent developments in trial advocacy. In the Second Edition of this law school classic, Molly Townes O'Brien and Gary Gildin provide the modern perspectives on both the style and substance of case analysis, case theory, cross-examination, impeachment, closing arguments, and presenting information using technologies. They break down the importance of finding a single factual story of the case, then explain how each aspect of the trial must contribute to that story. O'Brien and Gildin relate practical advice on every stage of trial preparation and practice in a straightforward manner, using memorable examples and anecdotes, colorful quotes, and humor to highlight each lesson.

Basic Trial Advocacy
Basic Trial Advocacy

Author: Peter L. Murray

Publisher: Tower Publishing Company

Published: 2010

Total Pages: 0

ISBN-13: 9781932056969

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Basic trial advocacy is the classic text on the presentation of civil and criminal cases in court. Since its publication in 2005 it has been used in countless law school and continuing professional education programs to impart with clarity and simplicity the basic skills of effective trial presentation. It is a useful guide and refresher even for the experienced practitioner when going to court.

Case Files for Basic Trial Advocacy
Case Files for Basic Trial Advocacy

Author: Harry M. Caldwell

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781531003692

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The second edition of these case files include a variety of civil and criminal fact patterns that provide students the opportunity to try their hand at opening statements and closing arguments, as well as at direct and cross-examinations. The case files also provide opportunities for pretrial motion exercises and jury selection exercises. There is a companion text book entitled The Art & Science of Trial Advocacy by the same group of authors. These case files are a manageable length for weekly or bi-weekly assignments. These case files also include online videos demonstrating all stages of trial advocacy and an extensive teacher's manual with illustrations and examples. The following case files are included: United States of America v. William Stevens (criminal case alleging bank robbery); Jeffrey Kent v. Bonds Rentals(civil case alleging failure to warn); State of Golden v. Steven MacNamara (criminal case alleging domestic violence); James Price v. GEM Corporation (civil case alleging unlawful termination); Rusty Maxell v. Terry Chester (civil case alleging breach of contract); State of Golden v. Sunny Grifford (criminal case alleging DUI and hit and run); Sam Spencer v. Teresa More (civil case alleging negligent entrustment); Nicole Gail v. Peter Novak (civil case alleging undue use of force); Cameron Hillman v. Mutual Life Insurance Company (civil case alleging failure to pay insurance proceeds); State of Golden v. Richard Buck (criminal case alleging murder); William Striver and Frances Gomez v. Rancho Fire Department (civil case alleging unfair employment practices); State of Golden v. Jake Chambers (criminal case alleging sexual assault); and Sandra Mountain v. Tyler County Sheriff's Department, et al. (civil case involving wrongful death).--

Modern Trial Advocacy
Modern Trial Advocacy

Author: Steven Lubet

Publisher: Aspen Publishing

Published: 2019-07-28

Total Pages: 484

ISBN-13: 1601568274

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Now in its fourth edition, Modern Trial Advocacy: Canada is the first and last word in Canadian trial practice. This classic handbook, published by the National Institute for Trial Advocacy, gives practitioners a detailed road map for conducting a trial. Expanding on the original text written by Steven Lubet for an American audience, experienced Toronto trial lawyers Cynthia Tape and Julie Rosenthal guide the beginning advocate in developing a winning case theory through all phases of trial. They explain how to present a case as a story – and powerfully and persuasively tell that story to the jury. Modern Trial Advocacy: Canada provides not only Canadian case law and statutes, but also valuable insight into the specific elements of Canadian litigation practice as itpresents a realistic and contemporary approach to learning and developing trial advocacy skills. This book offers a sophisticated, theory-driven approach to advocacy training that distinguishes it from other books in the field. The fourth edition has been updated with current citations to case law, statutes, and rules and the latest “best practices” for using technology in the courtroom.

On the Jury Trial
On the Jury Trial

Author: Thomas M. Melsheimer

Publisher: University of North Texas Press

Published: 2017-10-15

Total Pages: 276

ISBN-13: 1574417096

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Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.

Winning at Trial
Winning at Trial

Author: D. Shane Read

Publisher: Ntl Inst for Trial Advocacy

Published: 2007-06-11

Total Pages: 452

ISBN-13: 9781601560018

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Chosen the best book from over 300 entries, Winning at Trial has been singled out by the Association of Continuing Legal Education (ACLEA) for its clarity and innovative teaching methods. Winning at Trial by Shane Read is the only book that teaches trial skills by analyzing video and transcripts of actual trials. It is also the only book that reveals the secrets of jury decision-making through the use of video in collaboration with one of the nation's foremost jury consultants, DecisionQuest. This innovative book is being used by law schools throughout the country for both their introductory and advanced trial advocacy classes, as well as by law firms for their training programs. The author, a seasoned trial lawyer and professor, has carefully selected video and transcripts from actual trials (4 hours of video on two DVDs) that show lawyers demonstrating both great and terrible skills in the courtroom - which teach trial techniques and strategy in an interesting and memorable way.

Legal Argument
Legal Argument

Author: James A. Gardner

Publisher: LexisNexis/Matthew Bender

Published: 2007

Total Pages: 196

ISBN-13:

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Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Art & Science of Trial Advocacy
The Art & Science of Trial Advocacy

Author: L. Timothy Perrin

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9781422482230

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The Art and Science of Trial Advocacy, Second Edition, guides the reader through the trial process, suggesting techniques and strategies for each stage of the trial process--pretrial, trial, and post-trial motions; jury selection; opening statements; direct and cross-examination; and closing arguments. Included are illustrative transcripts explaining how to use the various techniques in an actual case, detailed guidance on the effective use of expert witnesses, and practical direction on the incorporation of exhibits and demonstrative evidence into case presentations. The book discusses basic principles of effective communication and persuasion, including the importance of the advocate's credibility and examples of how to develop case presentations that maximize the persuasive impact on judges and juries. The appendix includes the Federal Rules of Evidence. Additionally, the new Second Edition: Recognizes how the rapid development of technology and its use in the courtroom has changed the way trials are conducted and the way lawyers present evidence and argue to the jury. Discusses the use of technology in the courtroom. Includes materials describing the technology now available to trial lawyers as they prepare and present evidence; and Provides "Tech Tips" on how technology might be used to enhance advocacy at various points of the trial.