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This book tells the stories of nine iconic trials. The themes of these cases include treason, racial justice, the death penalty, fraud, personal rights, women's rights, product safety, and corporate misdeeds. The chapters show lawyers at work, creating a relationship with a litigant seeking justice, and then taking that claim into the courtroom. These chapters are excellent vehicles for teaching all the elements of trial advocacy, including jury selection, opening statement, direct and cross-examination, use of expert testimony, and closing argument. The book shows us that advocacy does make a difference, and that advocacy skills can be taught and learned.
Includes bibliographical references and index.
From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
Now in its fourth edition, Modern Trial Advocacy: Canada is the first and last word in Canadian trial practice. This classic handbook, published by the National Institute for Trial Advocacy, gives practitioners a detailed road map for conducting a trial. Expanding on the original text written by Steven Lubet for an American audience, experienced Toronto trial lawyers Cynthia Tape and Julie Rosenthal guide the beginning advocate in developing a winning case theory through all phases of trial. They explain how to present a case as a story – and powerfully and persuasively tell that story to the jury. Modern Trial Advocacy: Canada provides not only Canadian case law and statutes, but also valuable insight into the specific elements of Canadian litigation practice as itpresents a realistic and contemporary approach to learning and developing trial advocacy skills. This book offers a sophisticated, theory-driven approach to advocacy training that distinguishes it from other books in the field. The fourth edition has been updated with current citations to case law, statutes, and rules and the latest “best practices” for using technology in the courtroom.
When Princeton historian D. Graham Burnett answered his jury duty summons, he expected to spend a few days catching up on his reading in the court waiting room. Instead, he finds himself thrust into a high-pressure role as the jury foreman in a Manhattan trial. There he comes face to face with a stunning act of violence, a maze of conflicting evidence, and a parade of bizarre witnesses. But it is later, behind the closed door of the jury room, that he encounters the essence of the jury experience — he and eleven citizens from radically different backgrounds must hammer consensus out of confusion and strong disagreement. By the time he hands over the jury’s verdict, Burnett has undergone real transformation, not just in his attitude toward the legal system, but in his understanding of himself and his peers. Offering a compelling courtroom drama and an intimate and sometimes humorous portrait of a fractious jury, A Trial by Jury is also a finely nuanced examination of law and justice, personal responsibility and civic duty, and the dynamics of power and authority between twelve equal people.