Modern Trial Advocacy: Canada

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Now in its Third Edition, Modern Trial Advocacy: Canadian Edition has set the standard for trial advocacy texts since 2000, presenting a realistic and contemporary approach to learning and developing trial advocacy skills. With the help of more than forty quick reference charts and checklists, Steven Lubet guides the student from developing a winning case theory through all phases of trial. Written in a clear, concise style that is attractive to students, Lubet shows them how to present their cases as a story . . . and to powerfully and persuasively tell that story to the jury.

The Third Edition has been updated to reflect developments in the law, both jurisprudential and statutory, and has been expanded to include new material about the persuasive use of electronic documents and visuals and the conduct of fully electronic trials.

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Table of Contents

CONTENTS

CHAPTER ONE. CASE ANALYSIS AND STORYTELLING

I. The Idea of a Persuasive Story
II. The Ethics of Persuasive Storytelling
III. Preparing a Persuasive Trial Story
IV. Conclusion

CHAPTER TWO. TRIAL TOOLS
I. Advocacy Tools
II. Demeanor
III. Witness Preparation

CHAPTER THREE. PERSUASION THEORY
I. Script Theory
II. How Script Theory Works
III. What Script Theory Does Not Do
IV. Variables

CHAPTER FOUR. EXAMINATION-IN-CHIEF
I. The Role of Examination-in-Chief
II. The Law of Examination-in-Chief
III. Planning Examinations-in-Chief
IV. Questioning Technique
V. Adverse and Hostile Witnesses
VI. Ethics of Examination-in-Chief

CHAPTER FIVE. CROSS-EXAMINATION
I. The Role of Cross-Examination
II. The Law of Cross-Examination
III. The Content of Cross-Examination
IV. The Organization of Cross-Examination
V. Questioning Technique
VI. Ethics of Cross-Examination

CHAPTER SIX. IMPEACHMENT
I. Introduction
II. Prior Inconsistent Statements
III. Other Prior Inconsistencies
IV. Character and "Characteristic" Impeachment
V. "Case Data" Impeachment

CHAPTER SEVEN. RE-EXAMINATION AND REHABILITATION
I. Purpose of Re-examination
II. Law and Procedure
III. Planned Re-examination
IV. Foregoing Re-examination
V. Conducting Re-examination

CHAPTER EIGHT. EXPERT TESTIMONY
I. Introduction
II. Standards for Expert Testimony
III. The Expert's Overview
IV. Offering Expert Testimony
V. Persuasive Techniques for Examination-in-Chief
VI. Cross-Examination of Expert Witnesses
VII. Ethics of Expert Examination

CHAPTER NINE. OBJECTIONS
I. Making the Record
II. Objections
III. Ethics and Objections
IV. A Short List of Common Objections

CHAPTER TEN. FOUNDATIONS AND EXHIBITS
I. Evidentiary Foundations
II. Foundations for Testimonial Evidence
III. Exhibits
IV. Foundations for Real and Demonstrative Evidence
V. Foundations for Documents
VI. Persuasive Use of Exhibits

CHAPTER ELEVEN. USING TECHNOLOGY IN THE COURTROOM: ELECTRONIC TRIALS AND ELECTRONIC VISUALS
I. Introduction
II. Benefits of Using Technology in the Courtroom
III. Issues to Overcome
IV. Forms of Electronic Visuals
V. Strategic Considerations
VI. Setting Up an Electronic Trial

CHAPTER TWELVE. OPENING STATEMENTS
I. The Role of the Opening Statement in Bench Trials
II. The Role of the Opening Statement in Jury Trials
III. The Law of Opening Statements
IV. Structure and Elements
V. Content
VI. Delivery and Technique
VII. Additional Considerations

CHAPTER THIRTEEN. FINAL ARGUMENT
I. The Role and Function of the Final Argument
II. Format
III. Structure
IV. Content
V. Delivery and Technique
VI. Ethics and Objections
VII. Trials by Judge Alone

CHAPTER FOURTEEN. JURY SELECTION
I. Introduction
II. Mechanics of Jury Selection

INDEX

November 17, 2010