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There are three concepts that are central to this work, to law, and to music. One is imagination (self-creativity). The second is relating (the ability to tell a story or compose a symphony and relate it to a jury). Third, and most importantly, is learning to overcome the biggest deficit of a lawyer and the most important attribute of a composerlistening.
Jury Speech Rules shows trial lawyers that persuasive jury opening statements and closing arguments require imagination, story-telling skills, and a thorough knowledge of the legal and ethical rules that govern this important part of trial. Using famous historical cases and many useful examples, the authors demonstrate when things go wrong and when they are done right. Opening statements can present the important facts to the jury from the party's perspective, making the jurors receptive to the story that counsel intends to tell through the witnesses, documents, and visuals; well-constructed and well-delivered openings, which avoid improper argument, make an interesting introduction of the parties and the attorneys. Counsel can keep the other lawyer quiet by presenting an opening that provides no opportunity for interruption with objections. Closing arguments that can present inferences, arguments, and conclusions will help the jurors understand the significance of the facts that have been proven at trial; such arguments can explain the significance of expert testimony; they can point out logical errors in the opponents' stories; and they can win the jurors' by persuading them that the more interesting story—the more natural story, the story that fits their own experiences best—is the truthful story.
THIS is in no sense a law book. The general reader cares little for lawyers and their dry rules of law, or the prosaic forms of practice and procedure in our courts. Everybody, however, is interested in the drama of a great trial, where the property, reputation, liberty, or life of a human being is often at stake. This has been strikingly exemplified recently by the great interest taken in the trial of Madame Steinheil in France, accounts of which were published in all the leading newspapers of the world. All our leading newspapers, nowadays, publish detailed accounts of every occurrence of general interest long before such matters reach the stage of litigation, and the whole reading public thereby becomes a jury to weigh each step of the evidence and render their verdict upon its truth or falsity. That this is true even of quasi-scientific questions was well illustrated by the intense public interest in the newspaper controversy as to Dr. Cook’s alleged discovery of the North Pole, or his ascent of Mt. McKinley. The general public, therefore, should naturally be interested in the correct methods of sifting out the truth of any controversy or disputed question of fact, in which they may for any reason become interested. The purpose of this work is to give the general reader, and young men who desire to become successful advocates, some practical knowledge of the arts of great advocates in eliciting the truth; to indicate also the methods by which they charm and convince both court and jury, and win them over to their side of the controversy.—Francis L. Wellman
"A brief review of its origin, development and merits and practical discussions on actual conduct of jury trials, together with a consideration of constitutional provisions and other cognate subjects of importance."--T.p.