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Evidence and Trial Advocacy are often taught as if in practice; the topics are not related. The original edition of this title pioneered the concept that instruction on trial technique and evidence rules in the same volume is an effective way to teach either an evidence or trial advocacy course. This combination provides students with the foundation for becoming skilled trial advocates within the boundaries of the rules of evidence. Trial Technique and Evidence explains the purpose and application of each evidence rule. The practical methods of presenting evidence are balanced against the requirements of the rules. Indeed, many evidence rules are "practice" rules, either not covered in the formal rules of evidence or not addressed in detail. The basis for introducing demonstrative exhibits, for example, is not included in the federal rules, and impeaching witnesses in trial requires knowledge of practical technique. Trial Technique and Evidence allows a professor to incorporate practical requirements with evidence theory. The text also includes practical steps for compliance with the rules, with examples to facilitate the student's understanding, and addresses recent developments such as: • Jury persuasion • Application of rules to electronic evidence • Trends in applying the Daubert factors for assessing expert testimony • Amendments to the Federal Rules of Evidence
Surely one of the most intimidating moments in your professional life is standing before a judge and jurors the morning of your very first trial. This is no mock trial: the stakes are high, and your client is counting on you. Are you ready? Trial Advocacy Basics is a courtroom primer that helps both the novice advocate prepare for his first day in court and the practicing lawyer bring her skills in line with the most recent developments in trial advocacy. In the Second Edition of this law school classic, Molly Townes O'Brien and Gary Gildin provide the modern perspectives on both the style and substance of case analysis, case theory, cross-examination, impeachment, closing arguments, and presenting information using technologies. They break down the importance of finding a single factual story of the case, then explain how each aspect of the trial must contribute to that story. O'Brien and Gildin relate practical advice on every stage of trial preparation and practice in a straightforward manner, using memorable examples and anecdotes, colorful quotes, and humor to highlight each lesson.
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.
Using Forensic DNA Evidence at Trial: A Case Study Approach covers the most common DNA analysis methods used in criminal trials today, including STR techniques, mitochondrial DNA, and Y-STRs. It presents some novel techniques—including familial testing and analyzing domestic animal hair—that have been recently introduced in unique cases, each of which is outlined in detail. It also illustrates special issues related to forensic DNA evidence by using court proceedings such as trials and appeals, commissions of inquiry, and government and laboratory reviews. With forensic DNA analysis becoming increasingly important at trial, the lively and sometimes bizarre cases presented in this book have been carefully chosen to highlight specific concepts, methods, and interpretations used in DNA analysis. Sections throughout examine the nature of expertise with a special focus on the role of subjectivity in the interpretation of forensic DNA evidence, emphasizing cognitive bias and extraneous context. Using both convictions and exonerations as examples, the book also discusses the strengths and limitations of DNA evidence and testing. The book is written in an accessible manner for the non-scientific reader, such that criminal lawyers, judges, and forensic experts will all understand the nature of analysis and application of DNA evidence in a variety of court cases. Extensive references—including notable trial proceedings, cross references of cases, and specific forensic statistics—round out the book and help to provide a complete understanding of forensic DNA analysis and its current usage in the courtroom.
Trial Fundamentals is a concise and practical handbook setting forth the nuts and bolts of trying a (non-criminal) case before a jury or the court. It covers not only basic trial procedure and the rules of evidence commonly used in the courtroom, but also explains basic strategies and trial skills necessary to try a case, such as tips on how to select a jury, how to effectively cross-examine and impeach a witness, and strategies for making a persuasive closing argument. Using California's rules of evidence and procedure for reference, the handbook follows the natural progression of a trial from the motions in limine through jury deliberation, and everything in between. Written by a Superior Court judge in California with more than 30 years of courtroom experience, the handbook includes explanation and commentary on the following areas: * In limine motions* Jury selection* Opening statements* Direct examination* Cross-examination* Witness impeachment* Witness rehabilitation* Expert witnesses* Hearsay* Character evidence* Courtroom evidence* Trial objections* Closing argument* Deliberations In addition, the handbook contains numerous "trial tips," practical real-world suggestions by the author concerning courtroom presentation and trial etiquette, not found in other more formal trial treatises. Because a substantial portion of the handbook is devoted to basic trial skills and strategies, and because California's rules of evidence mirror, or are very similar to, many other jurisdictions, the handbook is also useful to practitioners outside California. The handbook is meant to set forth the basic fundamentals of a trial, both procedural and practical, in a concise, and easy-to-follow format. It is an excellent refresher for experienced trial counsel and a good learning resource for the less-experienced and law students learning the trade. For the fundamentals of a criminal trial see Criminal Trial Handbook, also published by the author.
The Criminal Trial Handbook is a concise and practical treatise that sets forth the nuts and bolts of what every lawyer needs to know to competently and effectively try a criminal case. Designed for use by both prosecutors and defense attorneys, experienced and inexperienced, the handbook is compiled and written by a California Superior Court judge with nearly 30 years of courtroom experience. It follows the natural progression of a jury trial from the first day counsel arrive at the courtroom through the closing argument. At each stage of a trial, the applicable rules of courtroom procedure and evidence are explained. It covers common evidentiary trial issues, such as hearsay and character evidence, and includes the verbatim text for some of the most commonly used California Evidence Code sections and selected case law authorities. Topics covered include: * Pre-Trial Motions* Discovery* Jury Selection* Opening Statements and Closing Arguments* Direct Examination* Cross-Examination* Expert Witnesses* Hearsay * Character Evidence* Writings* Foundational Requirements for Evidence* Objections* DeliberationsIn addition, the handbook describes basic trial tactics, such as how to effectively cross-examine a witness, how to present evidence in the courtroom, and how to make persuasive opening statements or closing arguments. It also contains "Trial Tips," practical suggestions for the courtroom not ordinarily found in other legal treatises or law books. Although primarily geared towards criminal law, many of the trial procedures and tactics discussed are equally applicable in civil trials. The handbook is also a great resource for law students or anyone interested in learning the fundamentals of a criminal jury trial.