Trial Technique and Evidence

Trial Technique and Evidence PDF

Author: Michael R. Fontham

Publisher: Aspen Publishing

Published: 2013-06-28

Total Pages: 892

ISBN-13: 1601562454

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Evidence and Trial Advocacy are often taught as if in practice; the topics are not related. The original edition of this title pioneered the concept that instruction on trial technique and evidence rules in the same volume is an effective way to teach either an evidence or trial advocacy course. This combination provides students with the foundation for becoming skilled trial advocates within the boundaries of the rules of evidence. Trial Technique and Evidence explains the purpose and application of each evidence rule. The practical methods of presenting evidence are balanced against the requirements of the rules. Indeed, many evidence rules are "practice" rules, either not covered in the formal rules of evidence or not addressed in detail. The basis for introducing demonstrative exhibits, for example, is not included in the federal rules, and impeaching witnesses in trial requires knowledge of practical technique. Trial Technique and Evidence allows a professor to incorporate practical requirements with evidence theory. The text also includes practical steps for compliance with the rules, with examples to facilitate the student's understanding, and addresses recent developments such as: • Jury persuasion • Application of rules to electronic evidence • Trends in applying the Daubert factors for assessing expert testimony • Amendments to the Federal Rules of Evidence

Trial Evidence

Trial Evidence PDF

Author: Thomas A. Mauet

Publisher: Aspen Publishers

Published: 2019-09-13

Total Pages: 0

ISBN-13: 9781543816174

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Well-known and experienced authors, highly respected in the clinical field, Thomas A. Mauet and Warren D. Wolfson provide a complete review of the effective use of evidence in a trial setting. Trial Evidence, Seventh Edition is structured around the way judges and trial lawyers think about evidentiary rules, with particular focus on the Federal Rules of Evidence. Abundant real-life courtroom vignettes illustrate how evidentiary issues arise, both before and during a trial. Logical content organization follows the sequence of a trial: opening statement, direct examination, cross examination, and closing arguments. "Law and Practice" sections throughout the book are based on actual federal and state cases and bring decades of practical experience into the evidence classroom. The accessible style of Trial Evidence always focuses on practice over theory, on applying the statute rather than reading it. New to the Seventh Edition: Revised and expanded Sec. 7.1 and other sections dealing with the Sixth Amendment Confrontation Clause, including a broader understanding of the Supreme Court's decisions of Bryant v. Michigan and Clark v. Ohio. Expanded section 10.11's coverage of electronic evidence, with emphasis on ways to analyze issues concerning authorship of electronic messages. Added analysis of the hearsay exemption created by FRE 801(d)(1)(B)(ii) Updated recent rule changes, including the Ancient Document hearsay exception in FRE 803(16) and the self-authenticating electronic documents covered by FRE 902(13) and (14) Incorporation of all recent Supreme Court decisions affecting evidence law, including Peña-Rodriguez v. Colorado, which held the FRE 606(b) rule barring impeachment of a jury verdict is trumped by the Sixth Amendment when there is a showing that a deliberating juror was racially biased against the defendant Professors and students will benefit from: Clear, objective, up-to-date explanations of evidence issues Content organization that flows logically through the stages of a trial Evidence law organized around the 3R's approach: relevant, reliable, and right A companion piece including hundreds of problems based on real, cited cases and focused on important, current issues

Advocacy Excellence

Advocacy Excellence PDF

Author: Camille Abate

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 456

ISBN-13: 1543820883

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Advocacy Excellence: The Jury Trial teaches students the art and science of 21st century trial advocacy through the eyes of two seasoned, tenacious, and successful female trial attorneys who bring over 60 years of combined experience to the text. With a sharp and practical focus on how the digital age has changed trial practice, students will gain the ability to successfully advocate in today’s smart courtrooms using electronically stored information, social media, and technology in all phases of trial. This text teaches classic courtroom skills with a modern and spirited tone, using examples from real trials and step-by-step practice guides along with insider tips about the strategy and execution techniques that wins trials. This clear, concise, and easy-to-understand text is organized into three distinct sections: Part I:Preparation — investigation, preliminary case analysis, developing a case theory, and merging the case theory into the actual trial Part II:Practice — techniques and advice that provide simple steps to successful jury selection, openings, direct and cross examination, impeachment, cross of special witnesses, and summation Part III:Strategy — navigating the courtroom, how to admit or oppose evidence at trial, objections, and the end game of jury deliberation. Learn the law, ethics, and strategy of trial advocacy with step-by-step instructions and useful chapter ending process guides and infographics to reinforce skills. Professors and students will benefit from: Question and answer examples in every chapter that teach how to ask strategic and purposeful questions during jury selection, depositions, pretrial hearings, direct examination, cross examination, impeachment, and the admitting or opposing of evidence. Illustrations and charts that demonstrate how to create various proof matrices, timelines, witness statement charts, transcript keys, and how to structure opening, direct, and cross examination. Feature text boxes that highlight practice tips, ethical issues, and other “beware” concerns for trial and provide explanations of “why this works” for certain skills taught in a new and modern manner. In-depth coverage of the role of social media and emojis as evidence, plus how to authenticate social media and other electronic or digital evidence at trial. Reference sheets designed for students to copy for continued use in both an academic, experiential setting and the first years of practice as a new trial lawyer.

Trial Techniques and Trials

Trial Techniques and Trials PDF

Author: Thomas A. Mauet

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781454822332

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"Trial Techniques and Trials, Ninth Edition, conveys an understanding of the strategies and thought processes that lawyers use in the courtroom to present evidence and make arguments persuasively. Clear writing and abundant examples by renowned author and litigator Tom Mauet explain and illustrate every step of the jury trial process. Still remarkably concise, the Ninth Edition combines the best from two of Mauet's most highly regarded texts, Trial Techniques and Trials. He took the best from each book, and the new combined text expands its coverage of trials with new chapters on jury selection, opening statements, closing arguments, and direct and cross examinations. It also sports an updated look and offers additional online resources for teaching - including an edited video of a jury trial"--Summary from book cover.

Trial Advocacy Basics

Trial Advocacy Basics PDF

Author: Molly Townes O’Brien

Publisher: Aspen Publishing

Published: 2016-09-16

Total Pages: 533

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.

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