Advertisement
| cross examination vs direct: The Art of Cross-examination Francis Lewis Wellman, 1904 |
| cross examination vs direct: The Trial Process J. Alexander Tanford, 2009 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. |
| cross examination vs direct: Effective Direct & Cross Examination William A. Brockett, 1986 |
| cross examination vs direct: Maccarthy on Cross-examination Terence MacCarthy, 2007 Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire. |
| cross examination vs direct: Fundamentals of Trial Techniques Thomas A. Mauet, Donald G. Casswell, Gordon P. MacDonald, 2001 This comprehensive text gives your students a sound methodology for trial preparation and reviews the thought processes a trial lawyer should utilize before and during each phase of a trial. Focusing primarily on jury trial, the authors cover the full range of topics from Jury Selection and Opening Statements to Objections and Trial Preparation and Strategy.--pub. desc. |
| cross examination vs direct: Examining Witnesses Roger S. Haydock, John O. Sonsteng, 1994 |
| cross examination vs direct: Examining Witnesses Michael E. Tigar, 2003 This book covers virtually every type of witness and witness situation that a lawyer is likely to encounter. |
| cross examination vs direct: Cross Examination in International Arbitration Kaj I Hobér, Howard S. Sussman, 2014-03 A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format. |
| cross examination vs direct: Brandis and Broun on North Carolina Evidence Kenneth S. Broun, 1993 |
| cross examination vs direct: Basic Trial Techniques Roberto A. Abad, Blessilda B. Abad-Gamo, 2018 |
| cross examination vs direct: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 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. |
| cross examination vs direct: McElhaney's Trial Notebook James W. McElhaney, 1987 All of the essays ... first appeared in Litigation--Page viii. |
| cross examination vs direct: Florida Evidence Charles W. Ehrhardt, 1994-01-01 |
| cross examination vs direct: State v. Delaney Joseph E. Taylor, A.J. Griffith-Reed, 2017-07-12 Ardell Delaney, a professional baseball player, is charged with armed robbery. The State of Nita has accused him of robbing Miller's Fine Jewelers, holding assistant manager Lexi Waitkus at gunpoint while he emptied the safe of cash and coins. The defendant contends that this is a case of mistaken identification; he claims that at the time of the robbery he was having his car checked for emissions certification. This case file includes four witnesses for the plaintiff and four witnesses for the defendant including an eyewitness and expert witness on both sides. The new edition includes Facebook pages and text messages, allowing students to experience the special challenges of building a proper foundation for the admission of media exhibits. Color copies of all exhibits are available online for reproduction and use. |
| cross examination vs direct: Putting on Mock Trials Margaret Fisher, 2002 Mock trials help students gain a basic understanding of the legal mechanism through which society chooses to resolve many of its disputes. Participation in mock trials helps students to understand better the roles that the various actors play in the justice system. This handbook explains how to prepare for and conduct mock trials in the classroom and introduces simplified rules of evidence and includes a sample judging form. |
| cross examination vs direct: Winning at Cross-Examination Shane Read, 2020 |
| cross examination vs direct: What Makes Juries Listen Sonya Hamlin, 1985 |
| cross examination vs direct: New York Matrimonial Trial Handbook Joel Brandes, 2017 The New York Matrimonial Trial Handbook, by Joel R. Brandes, of the New York Bar, was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is not a treatise. It is a how to book for lawyers. This handbook is a companion work to his treatise, Law and the Family New York, 2d (Thomson Reuters Westlaw), which contains extensive coverage of the substantive and procedural law related to matrimonial actions and family court proceedings. The New York Matrimonial Trial Handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The book deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. |
| cross examination vs direct: Trial Advocacy in a Nutshell Paul Bergman, Justin Bernstein, 2023 Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the “art of advocacy” into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into “argument-centered narratives” that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called “atomic spies,” 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children’s stories such as Humpty Dumpty and Jack & Jill. -- Publisher. |
| cross examination vs direct: Take the Witness: Cross-examination in International Arbitration Lawrence W. Newman, Ben H. Sheppard (Jr.), 2010-06-01 This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world. |
| cross examination vs direct: The Food Lab: Better Home Cooking Through Science J. Kenji López-Alt, 2015-09-21 A New York Times Bestseller Winner of the James Beard Award for General Cooking and the IACP Cookbook of the Year Award The one book you must have, no matter what you’re planning to cook or where your skill level falls.—New York Times Book Review Ever wondered how to pan-fry a steak with a charred crust and an interior that's perfectly medium-rare from edge to edge when you cut into it? How to make homemade mac 'n' cheese that is as satisfyingly gooey and velvety-smooth as the blue box stuff, but far tastier? How to roast a succulent, moist turkey (forget about brining!)—and use a foolproof method that works every time? As Serious Eats's culinary nerd-in-residence, J. Kenji López-Alt has pondered all these questions and more. In The Food Lab, Kenji focuses on the science behind beloved American dishes, delving into the interactions between heat, energy, and molecules that create great food. Kenji shows that often, conventional methods don’t work that well, and home cooks can achieve far better results using new—but simple—techniques. In hundreds of easy-to-make recipes with over 1,000 full-color images, you will find out how to make foolproof Hollandaise sauce in just two minutes, how to transform one simple tomato sauce into a half dozen dishes, how to make the crispiest, creamiest potato casserole ever conceived, and much more. |
| cross examination vs direct: Deposing and Examining Employment Witnesses Tod F. Schleier, 2007-10 To make it easy for you to prepare for a particular deposition or examination, the book is organized by witness. Each witness-specific section delivers: (1) trial-tested strategies and arguments, (2) model deposition questions specific to cause of action and annotated with tactics, (3) checklists and tactics for direct and cross examinations, with extensive examples sprinkled with practice tips, and (4) summary checklists of the important points that should be inquired into for each cause of action. Tools and advice are provided for both employee and management attorneys.Mastering the art of questioning employment witnesses is a career-long process.It can take dozens of years in the courtroom to learn how to persuasively: (1) demonstrate that reasonable economists can disagree, (2) compel an adverse witness to ratify your position, and (3) contradict a manager or plaintiff on an important fact.Tod Schleier's Deposing & Examining Employment Witnesses will take years off your learning curve. It is filled with practical strategies, examples, tactics, and tips for successful questioning and other essential elements of employment advocacy. |
| cross examination vs direct: Guide to Advocacy Stephen Jagusch, 2017-11-03 Global Arbitration Review's Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration, featuring unique insight from well-known arbitrators on advocacy. The fully revised Second Edition is a useful tool for junior lawyers who wish to develop their advocacy skills, as well as a manual for civil trained lawyers who would like to feel more at ease with cross-examination as it breaks the arbitral process into key steps and explains the advocacy "e;opportunity"e; that each represents (focusing on the principles at work rather than specifics).Woven throughout are gems from big name arbitrators - tips, complaints, musings and reminiscences - providing a new, 360-degree view of written and oral submissions.The Second Edition contains several new chapters and a fresh tranche of arbitrator contributions.While the first edition covers the basics through chapters on, inter alia, written submissions, cross-examination, opening submissions and closing arguments, this second edition delves deeper by exploring 'Cultural Considerations in Advocacy'. These are aimed at advocates raised within a particular national or regional style who wish to know what adjustments to make when in the international mileu; and vice versa. These chapters contain observations of help when some of the players in the arbitration - be they arbitrators, opponents or others - hale from Asia, Latin America, United States or the UK. |
| cross examination vs direct: Courtroom Preparation and Testimony for First Responders , 2002 |
| cross examination vs direct: Trying Cases to Win Herbert Jay Stern, 1991 Herbert J. Stern, nationally recognized trial lawyer and accomplished teacher of trial techniques, will show you how to win cases.In Trying Cases to Win, Stern elaborates on the techniques he's made famous in his seminars and videos as he commits to print his methods and strategies for trying cases to win.'Herbert J. Stern's are the best trial advocacy books I have ever laid my eyes on, and I have spent thousands of dollars on my trial advocacy law library.'-- Francis A. Sparagna, Esq., Sparagna, Sparagna, Breslau & Ferrone, Van Nuys, CAStern's winning methods are now applied to cross-examination! This volume shows you how to argue the case through opposition witnesses, convert the information provided on direct examination to the benefit of the cross-examiner's case, and limit the direct testimony so it is not detrimental. Stern uses explanations of the techniques and actual case excerpts to dramatize his methods. |
| cross examination vs direct: Black's Law Roy Black, 2000-04-06 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. |
| cross examination vs direct: Trial Tactics Stephen A. Saltzburg, 2007 |
| cross examination vs direct: Modern Trial Advocacy Steven Lubet, Cynthia Tape, Julie Rosenthal, Lisa Talbot, 2019-07-28 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. |
| cross examination vs direct: Relentless Criminal Cross-Examination Kevin J. Mahoney, 2018-03-30 How to (1) persuasively open with the weaknesses you will expose in the government’s case, and (2) demonstrate those weaknesses through your cross-examinations. Themes, angles of attack, pattern Q&A, and technique tips for cross-examining arresting officers, detectives, toxicologists, medical examiners, eyewitnesses, informants, and accomplices. |
| cross examination vs direct: Trying Your First Case Nash E. Long, 2014 This book is a collective work of the Trial Practice Committee of the ABA Section of Litgiation, with the end result being a how-to guide to presenting a case at trial. |
| cross examination vs direct: Lawyers' Ethics Monroe H. Freedman, Abbe Smith, Alice Woolley, 2016-11-15 This collection brings together classic articles on lawyers' ethics. Timeless and provocative, the essays explore the moral foundations of the lawyer's role as well as the personal and professional dilemmas lawyers face in the practice of law. The previously published articles sit alongside a specially commissioned introduction by the volume editors which provides an overview of the articles and themes in the collection. |
| cross examination vs direct: Deposition Checklists and Strategies T. Evan Schaeffer, 2017 Provides outlines and pattern questions to avoid missing valuable facts and improve discovery procedures. Includes summaries of primary law in every chapter, along with specific discovery questions for different types of deponents (i.e., experts, witnesses, doctors, other professionals, police, etc.). Also provides related discovery forms, such as interrogatories, requests to produce and admissions, and more. |
| cross examination vs direct: Cross-Exam and the Kitchen Sink Patrick Malone, 2016-01-24 |
| cross examination vs direct: McCormick on Evidence Charles Tilford McCormick, Kenneth S. Broun, |
| cross examination vs direct: Trial Tactics and Methods Robert E. Keeton, 2003-01 This text for law students gives a comprehensive discussion of the recurring questions of trial practice. Illustrative cases are used to raise issues and offer suggested answers. Rules and suggestions for effective trial advocacy, including ethical considerations |
| cross examination vs direct: Economic/hedonic Damages Michael L. Brookshire, Stan V. Smith, 1990 |
| cross examination vs direct: Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia Wolfgang Benedek, Tadesse Kassa Woldetsadik, Tesfaye Abate Abebe, 2020 This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopiaaddresses key themes of contemporary interest focused on identifying the gaps between Ethiopia's human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian - the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia - while the country is absorbed in legal and political reforms. |
| cross examination vs direct: Law and Tactics in Jury Trials Francis Xavier Busch, 1959 |
| cross examination vs direct: Cross-Examination of the Analyst in Drug Prosecutions James Shellow, 2009 |
| cross examination vs direct: Art of Advocacy Scott Baldwin, 1981 |
Ten Tips for Direct Examination and Cross-Examination
1 examination of witnesses cannot be found in a single source. Such unfound details are practical skills and require years of learning, practice, and experience. This Article outlines ten tips for …
10. CROSS-EXAMINATION AND IMPEACHMENT - Indiana …
The cross-examining attorney is bound by the same rules of evidence as the attorney who conducted the direct examination, with a couple of differences. The cross-examiner has license …
6.10. Scope ^0 Manner of Examination of Witnesses - New …
(2) Cross-examination of a witness should ordinarily be limited to the subject matter of the direct examination and matters affecting credibility. The court may in its discretion, however, permit …
NJ ATTORNEYS ON NEW JERSEY CROSS EXAMINATION
In most jurisdictions, "cross-examination will be limited to the matters testified to on direct." This majority rule is not rigidly enforced. In most cases, after the plaintiff client is examined on …
Direct and Cross-Examination - Callahan & Blaine
— Cross-Examination — Cross-examination serves to discredit direct testimony, to discredit the witness, and to reflect on the credibility of other witness-es. In deposition, cross-examine the …
Direct & Cross Examination Exercises - aals.org
Leading is allowed when cross-examining a witness, but it’s sharply restricted on direct: In performing these direct examination exercises, be careful about your use of leading questions. …
Direct and Cross-Examination: Questions and Answers in …
This basic difference in the respective purposes of direct and cross-examination has significant implications for the linguistic and discursive structure of the two types of questioning. I will now …
Leading Questions on Direct and Cross-Examination - State …
“rules” on leading questions are commonly under-stood to be (1) a leading question is one that calls for a yes or no answer, (2) leading questions are improper on direct examination, but (3) a …
CROSS EXAMINATION - National Association of Criminal …
Cross-examination is perhaps one of the most fundamental components of an accused’s rights at trial. Through cross examination the accused is able to challenge the evidence and assertions …
ER 611 MODE AND ORDER OF INTERROGATION AND …
(b) Scope of Cross Examination. Cross examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness.
DIRECT AND CROSS EXAMINATION - aoamt.wordpress.com
Q: What is cross examination? A: After each witness has been questioned during direct examination, the lawyer for each side has the chance to question the other side’s witnesses. …
Examination, Cross-Examination, and Redirect Examination
Rule 611 is the starting point for analyzing issues related to direct, cross, and redirect examination. The rule is complimented by fundamental fairness concerns, embraced by the …
Making Your Case Through Effective Direct Examination - FD
Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry …
Chapter 6 DIRECT EXAMINATION - Indiana University Maurer …
Cross-examination may be more exciting and closing argument more eloquent, but it is the direct examination of your own witnesses that will determine whether the jurors hear, understand, …
Cross-Examining an Expert Witness: Proper Preparation and Tips
Below are some useful tips to keep in mind to properly prepare to cross-examine an adverse expert effectively: Challenge the factual basis of their opinion. Determine whether there are any …
THE ETHICAL PARAMETERS OF DIRECT AND CROSS …
the ethical parameters of direct examination bear a direct relationship to the importance of direct in greater context of the trial. Direct examination is the fulcrum of the trial. Everything else that …
Mapping out Cross-Examination Through Deposition …
The roadmap for mapping out cross-examination through deposition testimony must interweave both the witnesses’ testimony on direct examination, which you intend to discredit on cross, …
Examination, Cross-Examination, and Redirect Examination
Rule 611 is the starting point for analyzing objections based on the form of the question and the scope of direct, cross, and redirect examination. The rule supplements, but does not override, …
Direct and Cross Examination, Opening/ Closing Statements
•Cross Examination –Cross-Examination is often called the trial’s great crucible in which the truth is discovered –Lawyers keep control of testimony with leading questions –The goals are to …
Examination, Cross-Examination, and Redirec…
held that cross-examination may serve four purposes: to expand on the details offered on direct examination; to …
Ten Tips for Direct Examination and Cross-Ex…
1 examination of witnesses cannot be found in a single source. Such unfound details are practical skills and …
10. CROSS-EXAMINATION AND IMPEACHMENT - India…
The cross-examining attorney is bound by the same rules of evidence as the attorney who conducted the direct …
6.10. Scope ^0 Manner of Examination of Witnesses …
(2) Cross-examination of a witness should ordinarily be limited to the subject matter of the direct …
NJ ATTORNEYS ON NEW JERSEY CROSS EXAMINATI…
In most jurisdictions, "cross-examination will be limited to the matters testified to on direct." This …
