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Cross-Examination: Science and Techniques

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2nd Edition
ISBN: 9780327164340
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ISBN: 9780327173533
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In Cross-Examination: Science and Techniques, Second Edition, Larry Pozner and Roger Dodd continue their outstanding tradition of helping attorneys conduct commanding cross-examinations. The second edition offers deeper analysis of cross-examination methods, with more integration and interrelationship of techniques and principles. In analyzing thousands of new trial experiences, they present efficient techniques to confront the challenges of evolving admissibility standards and electronic discovery, and ultimately, help attorneys develop cross-examination skills that are critical to trial success. 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.

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Table of Contents

Cross-Examination Science & Techniques, Second Edition

Chapter 1 Philosophy and Overview of the Science of Cross-Examination

Chapter 2 Developing a Theory of the Case

Chapter 3 The Strategy, Preparation, and Organization of Cross-Examination

Chapter 4 Cross-Examination Focused Investigation

Chapter 5 Cross-Examination Preparation System 1: Topic Charts

Chapter 6 Cross-Examination Preparation System 2: Sequence of Events Charts

Chapter 7 Cross-Examination Preparation System 3: Witness Statement Charts

Chapter 8 The Only Three Rules of Cross-Examination

Chapter 9 The Chapter Method of Cross-Examination

Chapter 10 Page Preparation of Cross-Examination

Chapter 11 Sequences of Cross-Examination

Chapter 12 Employing Primacy and Recency

Chapter 13 The Relationship of Opening Statement to Cross-Examination

Chapter 14 Redirect and Recross Examination

Chapter 15 Destroying Safe Havens

Chapter 16 Eight Steps of Impeachment by Inconsistent Statement

Chapter 17 Impeachment by Omission

Chapter 18 Advanced Impeachment Techniques

Chapter 19 Controlling the Runaway Witness

Chapter 20 Dealing With the "I Don't Know" or "I Don't Remember" Witness

Chapter 21 Creation and Uses of Silence

Chapter 22 Voice, Movement, Body Language, and Timing

Chapter 23 Diminishing or Building the Point

Chapter 24 Juxtaposition

Chapter 25 Trilogies

Chapter 26 Loops, Double Loops, and Spontaneous Loops

Chapter 27 Cross-Examination Without Discovery

Chapter 28 The Crying Witness

Chapter 29 Coping with Objections

Chapter 30 Recognizing and Controlling Bait

Chapter 31 Pre-trial Application--Use at Depositions and Pre-trial Hearings

Chapter 32 How to Master the Techniques Without Trial Experience

Chapter 33 Analysis of Trial Techniques in Cross-Examination