The fourth Australian edition of Fundamentals of Trial Technique continues to present readers with a comprehensive approach to trial preparation and strategy. Focusing on the knowledge and skills of good persuasive advocacy, this text enables an advocate to approach a trial knowing what to do, how to do it, and why it needs to be done.
This comprehensive, flexible, step-by-step text covers all stages of the litigation process for paralegals -- from initial fact-gathering, through all the pretrial steps, to post-judgment proceedings. Students will find chapter coverage to include: Introduction to Litigation; Informal Fact gathering and Investigation; Case Evaluation and Strategy; Parties and Jurisdiction; Pleadings; Law and Motions; Motion Practice; Provisional Remedies; Evidence; Discovery; Settlements; Trial Preparation, Trial, and Appeal; Enforcements of Judgements; and Alternative Dispute Resolution. Of Special Interest: -- to make the book more accessible, each chapter includes: -- chapter objectives and introductions -- numerous examples, charts, lists, and sample documents -- key terms highlighted in the text -- review questions -- the book provides easy-to-follow steps and explains the process so that students are not just following the rules but are also understanding what the rules mean. -- the accompanying workbook disk offers a flexible way to integrate practical applications into the litigation course. Features of the Third Edition: -- using the Internet for fact-gathering, locating witnesses and finding other information has been integrated into the text. -- material on using computers in the law office has been expanded and updated. -- alternative Dispute Resolution section has been expanded and updated. -- the material found on the workbook disk has been extensively revised to include using computers to complete assignments and store information, more self-study problems and assignments, and a more readable format and design.
How do lawyers sway jurors in the heat of a trial? Why do the best trial lawyers seem uncannily able to get the verdict they want? In answering these questions, folklorist Sam Schrager vindicates -- but with a twist -- the widespread belief that lawyers are actors who manipulate the truth. He shows that attorneys have no choice but to treat the jury trial, from beginning to end, as an artful performance: as story-telling combat in which victory most often goes to the man or woman who has superior control of craft.Drawn from fieldwork in the Philadelphia courts and at the Smithsonian Institution's American Trial Lawyers program, The Trial Lawyer's Art gives a remarkable, in-depth look at this craft of performance. It examines how lawyers exploit a case's dramatic potential, how they enact mythically potent themes, how they project personal authority, and how they use cultural identity -- their own and their opponents' racial, gender, class, and local affiliations -- all to make themselves and their stories persuasive to a jury. Schrager depicts the performance styles of some of the nation's most artful criminal and civil advocates: in Philadelphia, prosecutor Roger King, defender Robert Mozenter, and the legendary Cecil B. Moore; from around the country, such litigating stars as Roy Barrera, Penny Cooper, Jo Ann Harris, Tony Serra, and Michael Tigar. These lawyers reflect candidly on their courtroom calculations and share revealing "war stories" about their work.Integrating performance insights with evocative portrayals of unfolding trials, The Trial Lawyer's Art offers a no-holds-barred analysis of the place of skill versus evidence in the American justice system. In doing so, it raises vital questions about the moral challenges that legal and other professions now face and sheds new light on the role of stories in American life.
This classic reference, now updated with the newest applications and results, addresses the fundamentals of such trials based on sound scientific methodology, statistical principles, and years of accumulated experience by the three authors.
Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.
What exactly is the context in which all aspects of this new field of criminal law have to be interpreted? What does the principle of legality mean in the context of supranational criminal law? Which tradition lies at the basis of this new law system? Is supranational criminal law as it grows the result of a deliberate policy, tending towards a coherent system? Or is it merely the result of crisis management? Those are some of the questions that are highlighted in this first volume of the Supranational Criminal Law series.
Fundamentals of Texas Trial Practice is a trial advocacy book designed for Texas practitioners. It discusses the fundamental techniques and methodologies of effectively preparing and presenting a case in accordance with the Texas Rules of Evidence and Texas civil and criminal procedure. While Fundamentals of Texas Trial Practice is intended principally to serve as a tool for beginning practitioners, experienced trial lawyers are likely to find many key insights and suggestions that will increase their effectiveness as a result of Judge Barton’s multifaceted perspective as Judge, Prosecutor, Professor and Trial Lawyer. The Fundamentals of Texas Trial Practice is comprehensive in that it covers trial preparation, making and responding to objections, jury selection, making an opening statement, conducting direct and cross-examination, impeaching and rehabilitating witnesses, offering and opposing exhibits, direct and cross-examination of expert witnesses, the court’s charge to the jury, and closing arguments. As is true of a good trial lawyer, Fundamentals of Texas Trial Practice is brief and simple. Its coverage of the subjects of trial practice is succinct, direct and clear, and focuses on the fundamentals that are essential to being an effective trial lawyer. Each chapter contains cross-references to other chapters to enable the reader to perceive the progression of a trial and integrate its various parts into a coherent whole. At the end of each chapter is an extensive bibliography to relevant parts of leading treatises on trial advocacy. In sum, the Fundamentals of Texas Trial Practice is a valuable resource for both the novice and the seasoned veteran trail lawyer alike.
Once again, Thomas Mauet, a renowned expert in the field, charts a course for students through the many tasks leading up to a civil trial. PRETRIAL, Fourth Edition, prsents a methodology for case preparation, reviews a methdology for case preparation, reviews the procedural rules, and describes the approaches a litigator needs to utilize before and during each stage. This popular paperback coursebook is well-regarded for its: superb authorship - Tom Mauet's Trial Techniques has been phenomenally succesful, and all his books are extremely effective in clinical courses accessible style - the highly readable text breaks down each aspect of the process into small, discrete pieces that are easy to understand skillful use of examples and documents to make the materials come alive careful step-by-step coverage of the practical implications of pleadings, discovery, and motions What's new in PRETRIAL, Fourth Edition? revised and expanded section on summary judgment, settlement, and negotiation more emphasis on ethical rules applicable to litigators recent developments in statutory and case law incorporated throughout the text new examples of the 'wrong way' to litigate, help students avoid common errors additional examples of documents and strategies If you're not already using the most effective, most accessible pretrial text, it's time to examine PRETRIAL, Fourth Edition, and reconsider your course materials. No other text does such an outstanding job of preparing students For The transition from the classroom to practice.
The second that Columbia law student Jack Mullen steps down from the train at East Hampton, he knows that something is very wrong. As he greets his family, his kid brother Peter lies stretched out on a steel gurney, battered, bruised - dead. The police are calling the drowning an accident. Jack knows that's not right. Someone wanted his brother dead. But the establishment says otherwise. Jack tries to uncover what really happened on the beach that night, only to confront a wall of silence; a barricade of shadowy people who protect the privileges of the multi-billionaire summer residents. And when he discovers that his brother had nearly $200,000 in his bank account, Jack realises Peter wasn't just parking cars to make a living...