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Trial Book

Now in its Third Edition, authors John Sonsteng and Roger Haydock outline the entire trial process and assist readers in developing their strategies and tactics. Applicable to both criminal and civil cases, this book can be used to prepare a case in all dispute resolution formats, whether in court, an administrative hearing, or arbitration.
Publisher: NITA
Print Book :Third Edition, Perfect Bound
3rd Edition
$75.00
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ISBN: 9781601561046
Publisher: NITA
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Trialbook provides law students and legal professionals with the systematic structure needed to be an effective advocate. Now in Trialbook's Third Edition, authors John Sonsteng and Roger Haydock outline the entire trial process and assist readers in developing their strategies and tactics.

Applicable to both criminal and civil cases, this book can be used to prepare a case in all dispute resolution formats, whether in court, an administrative hearing, or arbitration.

The book consists of five chapters:

•  Planning the case
•  Opening and closing arguments
•  Examining witnesses, including direct, cross and expert examinations
•  Evidence, objections, and exhibits
•  Jury selection and instruction

Trialbook uses forms to guide in the planning and organization of a case. A CD-ROM in the back of the book provides those forms electronically, so that they can be tailored to individual cases throughout one's practice. It is a relevant guide and reference for all law students as well as lawyers throughout their careers.

Featured Authors

Table of Contents

CONTENTS

Introduction

Acknowledgments


Chapter One. Planning to Win: Effective Preparation

Section 1: Advocating a Case
A. Scope
B. The Professional Advocate
C. How to Be Persuasive
D. How to Tell a Story
E. How to Be Convincing
F. How to Approach Advocacy
G. How to Get an Ovation
H. Be Better than Good

Section 2: Planning Before the Case
A. How to Select a Case Theory
B. How to Develop a Strategy
C. How to Plan for Settlement
D. How to Choose a Forum
E. How to Schedule a Case
F. How to Disqualify the Decision Maker
G. Determine the Burden of Production, Proof/Persuasion, and Presumptions
H. Managing Complex Cases
I. Problems, Problems, Problems

Section 3: Preparing the Case
A. Effective Preparation
B. Stages of the Case
C. Preliminary Procedures
D. How to Act as an Advocate
E. Presenting Evidence
F. Can They Do This?
G. How to Present a Case to a Judge/Arbitrator
H. Motions
I. How to Make a Record

Section 4: Planning After the Case
A. Scope
B. How to Present Post-Trial and Post-Hearing Motions
C. Costs, Interest, and Attorney's Fees
D. Civil and Criminal Judgments
E. Appeals

Appendix A. Forms

Chapter Two. Motion Practice, Opening Statements, and Final Arguments

Section 1: Motion Practice
A. How to Prepare for a Motion Argument

Section 2: Opening Statements
A. Scope
B. How to Prepare
C. How to Organize
D. Tell a Story
E. Tell More of the Story
F. Use of Persuasive Techniques
G. How to Deliver the Opening
H. Complex Cases
I. What You Cannot Do

Section 3: Final Arguments
A. Scope
B. What Can Be Presented?
C. How to Prepare
D. How to Organize
E. Introducing the Final Argument
F. Tell a Story
H. Use of Persuasive Techniques
I. Be Positive about Negatives
J. Final Argument in a Criminal Case
K. Final Argument in a Civil Case
L. How to Deliver the Final Argument
M. Complex Cases
N. What Cannot Be Done

Appendix B. Forms

Chapter Three. Examining Witnesses: Direct, Cross, and Expert Examination

Section 1: Direct Examination
A. Scope
B. How to Prepare
C. How to Prepare the Witness
D. Presenting the Direct
E. How to Compose Direct Examination
F. Leading Questions
G. Assorted Questions
H. How to Enhance Persuasiveness
I. How to Lay a Foundation
J. How to Ask Questions Effectively
K. How to Conduct a Redirect
L. Direct Examination Information
M. Complex Cases
N. What Cannot Be Asked

Section 2: Cross-Examination
A. Scope
B. How to Prepare
C. The Form of the Questions
D. Composing Questions
F. Controlling Responses
H. Asking Safe Questions
I. Designing Questions for Specific Witnesses
J. Discrediting Cross-Examination Approaches
K. Areas of Impeachment
L. Impeachment Strategies and Tactics

Section 3: Expert Examination
A. Experts
B. Direct Examination of Experts
C. Cross-Examination of Experts

Appendix C. Forms

Chapter Four. Objections and Exhibits

Section 1: Objection Procedures
A. Scope
B. Planning
C. How to Present Objections
D. Evidentiary Rulings
E. Motion In Limine
F. Objection Procedures

Section 2: Evidentiary Objections
A. Objections to Direct Examination Questions
B. Objections to Cross-Examination Questions
C. Objections Based on Exclusionary Rules of Evidence
D. Foundation Objections
E. Document Objections
F. Constitutional Limitations in Criminal Cases
G. Improper Objections
H. Objection Checklist

Section 3: Hearsay
A. Hearsay Evidence
B. Hearsay Exceptions (FRE 803--804)
C. Hearsay Objection Checklist

Section 4: Exhibits
A. Scope
B. Preparing Exhibits
C. Evidentiary Issues
D. Introducing Exhibits
E. Evidentiary Foundation for Various Exhibits
F. The Use of Technology
G. Objections to the Introduction of Exhibits

Appendix D. Forms

Chapter Five. Jury Trials

Section 1: Selecting the Jury
A. Scope
B. Jury Selection Procedure
D. Questioning the Jury Panel
F. Theories of Jury Selection
G. Objectives of Jury Selection
H. Questions and Approaches to Achieve Objectives
I. Challenging Jurors
J. Misconduct and Objections

Section 2: Instructing the Jury
A. Jury Instructions
B. How to Plan and Submit Jury Instructions
C. Jury Instructions and the Verdict Form
D. Jury Deliberation Procedures
E. Complex Cases
F. Return of the Verdict in a Jury Trial

Appendix E. Forms

Appendix F. Planning Guide and Checklist
Section 1. General
Section 2. Negotiations
Section 3. Mediation
Section 4. Discovery
Section 5. Motions/Oral Argument
Section 6. Trial (Court/Jury)/ Arbitration

Index

Disk Contents

Appendix A. Forms
Appendix B. Forms
Appendix C. Forms
Appendix D. Forms
Appendix E. Forms

November 16, 2010