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This book introduces students to the essential skills and bodies of knowledge required for competent representation of clients, including highly practical issues such as courtroom etiquette, the psychology of jury trials, ethical considerations, and trial tactics within a legal and procedural framework. Sample transcripts appear throughout the book to directly illustrate how to conduct various stages of a trial, such as voir dire, opening and closing statements, and direct and cross-examination. The accompanying documentary supplement for this book, Trial Practice Problems and Case Files, may also be used with any trial advocacy textbook that emphasizes skills and tactics. Part One of Trial Practice Problems and Case Files contains a basic series of problems derived from the case files contained in Part Two. Part Two has complete, self-contained case files for four criminal cases and three civil cases. When used for full trials, each case is designed to be evenly balanced so that both sides have realistic chances for favorable verdicts. The case files also provide an excellent basis for developing individual problems and exercises. A Teacher's Manual is available to professors.
Deals with all aspects of examination in chief, constructive and destructive cross-examination and re-examination, and credibility. This title is not available for inspection. A truly innovative guide to a central aspect of advocacy in the criminal court.
This book covers virtually every type of witness and witness situation that a lawyer is likely to encounter.
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In a frank and enlightening look at our criminal courts, attorney Roy Black reveals his defense strategies in four cliffhanger cases. ""To Kill a Mockingbird, " but with real characters."--Alan M. Dershowitz, author of "Reversal of Fortune."
Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.
Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants.