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Cross-Examination: Science and Techniques

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Print Book :744 pages, hardbound
3rd Edition
ISBN: 9781632843913
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Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd’s classic work, written to meet the needs of today’s trial attorneys. Pozner and Dodd’s signature techniques and methodologies, which have brought them acclaim as the nation’s leading experts on cross-examination, are illustrated with numerous new examples added specifically for the Third Edition. The authors provide their best-ever coverage of the “chapter method” of cross-examination with additional excerpts to illustrate various trial scenarios.  New content also includes Chapter 6 on Cross Preparation Systems: Sourcing the Facts, giving you the tools to immediately inform a witness, and the court, what electronic or paper document you are using and exactly where in the document is the material upon which you are questioning.  As always, the authors, who have lectured on cross-examination to thousands of attorneys worldwide, guide you to successful trial outcomes with a conversational, engaging, and easy-to-read writing style.
 
Inside you'll find valuable advice on how to:
  • Use opponents’ objections as the springboard for deeper and broader cross-examinations.
  • Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility
  • Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits.
  • Use “double loops” to discredit opposing expert witnesses.
  • Use voir dire to create great jurors
  • Use a fact-driven investigation to develop a winning theory
  • Use a witness’s own words to follow your theme and theory
  • Control the runaway witness
  • Communicate winning theories in opening, cross, and closing
  • Use loops to box in the witness
  • Use tactical sequencing to create the most powerful cross
  • Convert a witness’s silence into admission of fact
  • Induce the witness to voice your pre-selected words
  • Prepare for devastating impeachment
  • Close off any escape routes for the witness
  • Punish the evasive or “I don’t know” witness
  • Control the crying witness
  • Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession
Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd’s treatise remains the definitive guide to preparing killer cross-examinations, only from LexisNexis.
 
The eBook version of this title features links to Lexis Advance for further legal research options as well as eight additional chapters of bonus eBook-only content. 

Authors / Contributors

Table of Contents

CONTENTS

CHAPTER 1  PHILOSOPHY AND OVERVIEW OF THE SCIENCE OF CROSS


CHAPTER 2  THE CHAPTER METHOD OF CROSS

CHAPTER 3  DEVELOPING, PROMOTING, and EMPLOYING A THEORY OF THE CASE

CHAPTER 4  CROSS-FOCUSED DISCOVERY AND INVESTIGATION

CHAPTER 5  CONSTRUCTIVE CROSS

CHAPTER 6  CROSS PREPARATION SYSTEMS: SOURCING THE FACTS

CHAPTER 7  CROSS-PREPARATION SYSTEM 1: DRAFTING TOPIC CHAPTERS

CHAPTER 8  CROSS-PREPARATION SYSTEM 2: SEQUENCE OF EVENTS CHARTS

CHAPTER 9  CROSS-PREPARATION SYSTEM 3: WITNESS STATEMENT COMPARISON CHARTS

CHAPTER 10  THE ONLY THREE RULES OF CROSS

CHAPTER 11  PAGE PREPARATION OF CROSS

CHAPTER 12  SEQUENCES OF CROSS

CHAPTER 13  DESTROYING SAFE HAVENS

CHAPTER 14  CROSS WITHOUT DISCOVERY

CHAPTER 15  CONTROLLING THE RUNAWAY WITNESS

CHAPTER 16  DEALING WITH THE "I DON'T KNOW" OR "I DON'T REMEMBER" WITNESS

CHAPTER 17  CREATION AND USES OF SILENCE

CHAPTER 18  VALUE-BASED CROSS

CHAPTER 19  IMPEACHMENT BY INCONSISTENT STATEMENT

CHAPTER 20  IMPEACHMENT BY OMISSION

CHAPTER 21  SPECIALIZED IMPEACHMENT TECHNIQUES

CHAPTER 22  REDIRECT AND RECROSS EXAMINATION

CHAPTER 23  DIMINISHING OR BUILDING THE POINT

CHAPTER 24  JUXTAPOSITION

CHAPTER 25  TRILOGIES

CHAPTER 26  LOOPS, DOUBLE LOOPS, AND SPONTANEOUS LOOPS

CHAPTER 27  VOICE, MOVEMENT, BODY LANGUAGE, AND TIMING

CHAPTER 28  COPING WITH OBJECTIONS

CHAPTER 29  RECOGNIZING AND CONTROLLING BAIT


[The following eight chapters are bonus chapters in the eBook version of Cross-Examination: Science and Techniques only]

eBOOK CHAPTER 30  EMPLOYING PRIMACY AND RECENCY

eBOOK CHAPTER 31  THE RELATIONSHIP OF OPENING STATEMENT TO CROSS

eBOOK CHAPTER 32  THE CRYING WITNESS

eBOOK CHAPTER 33  PRETRIAL APPLICATION—USE AT DEPOSITIONS AND PRETRIAL HEARINGS

eBOOK CHAPTER 34  HOW TO MASTER THE TECHNIQUES WITHOUT TRIAL EXPERIENCE

eBOOK CHAPTER 35  ANALYSIS OF TRIAL TECHNIQUES IN CROSS

eBOOK CHAPTER 36  PREPARING A WITNESS FOR CROSS

eBOOK CHAPTER 37  THE RELATIONSHIP OF CLOSING ARGUMENT TO CROSS

INDEX