Term
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Definition
Themes & Labels
- help jury remember KEY POINTS
- should EMOTIONALLY STRONG
- incorporate FAIRNESS
- UNIVERSAL TRUTHS
Showcase (simple & quick)
- Dramatize/Humanize - story telling
- Techniques, focus on people, not events
- Facts - be confident and detailed
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Term
Theory of Case
(Logical persuasive story)
R.A.A.R |
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Definition
Logical persuasive story on what happened, consistent with CREDIBLE EVIDENCE
Beforehand
- Review
- Analyze Proof
- Analyze Contradiction
- Research issues
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Term
Time & Organization
B.O.P.R
(work backwards) |
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Definition
4-8 wks befor trial:
- Brainstorm
- Organize
- Prepare
- Refine
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Term
Preparing Physcologically
P.D.S.E.U.F |
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Definition
- Prepare jury point of view
- Develop theoryof case
- Select THEMES/LABELS
- Emphasize people
- Focus on KEY FACTS
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Term
Outside Notebook
J.N.E.W.T |
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Definition
- Jury Instruction
- Note Pads
- Exhibits
- Witness Folders
- Transcripts
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Term
Preparation
1. Litigation
2. Trial Notebook |
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Definition
- Litigation files include:
- court files
- attorney's records
- evidence
- Trial Notebook (used during trial)
- Facts / Pleadings / Discoveries
- Motions / Charts / Jury
**Opeing / Plaintiff / Defendant / Closing / Instruction / Law |
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Term
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Definition
Anticipating and covering points of view
- Cross Examination...not always expected
- More Effective
**MUST send positive → not apologetic
- Back tracking information to make a specific point
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Term
Cross Examination (PAS)
3. Specific Techniques
Q.B.D.I.A.D |
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Definition
- Qualifications in training
- Bias and interest = rid of bias witnesses
- Assumptions → suspect opinions
- Inconsistent statements - holes in testimony
- Disagreeing w/experts = who's right v. who's wrong
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Term
Cross Examination (PAS)
1. Preparation
Use, Read, Obtain, Research |
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Definition
- Use expert to help understand then attack!
- Read literature
- Obtain copies of everything
- Experts history
- Experts weakness
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Term
Cross Examination (PAS)
2. Approach
Favorable testimony → Destructive Cross
Start _____ End _____ |
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Definition
Goal: Elicit favorable testimony in part w/a destructive cross examination
Start Strong → End Strong
Keep It Simple |
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Term
Improper Closing Argument |
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Definition
- Motion unadmitted evidence
- Mistrusting evidence
- Personal opinions
- Improperly arguing law
- Improperly arguing rebuttal
- Violating the Golden Rule
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Term
Closing Argument
Chronilogical + physical culmination of jury trial, select appropriate instructions, tailor them towards your case |
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Definition
First Minute
- Create a theme that's favorable
- enthusiasm with lasting impression
Argue!
- Takes every aspect of case, molds it together
- LOGIC + EMOTION
Efficiency
- Appeal key ideas repeat them in 15-20 min
- do not overlay jury
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Term
The Design
3. burden of Proof |
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Definition
Discussion of Law
Jury Instructions (applicable law)
Burden of Proof
Damages |
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Term
The Design
2. State & Establish |
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Definition
State what the law is
- Establish your theme, grounded in evidence, law, justice & ethics
- Testimony - Significant testimony
- Exhibits - Clear up meaning
- Question other sides use of facts: inconsistent, incoherent, impossible
NOT RIGHT WITH LAW |
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Term
The Design
1. Start Strong / Story |
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Definition
Start Strong
- Reemphasize your story
- Focus on a theme
- Core of the case
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Term
Organizing Effective Closing |
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Definition
- Introduction
- Issues
- Proof
- Liability
- Damages
- Instructions
- Refute Opposing Side
- CONCLUDE
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Term
Strategic Closing
Use. Argue. Force + Close |
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Definition
Use
1. Themes and labels 4. Exhibits / Visual Aids 5. Instructions (law) 6. Rhetorical Questions 7. Analogies 11. Strong Delivery
Argue
2. Theory of case 3. Facts 8. Strengths 9. Opponents weakness 10. Focus on weakness
Reapeat, Demonstrate, Argue, Use |
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Term
The Design
4. Appropriate Conclusion |
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Definition
Talk at leve of juror
handle sympathy & empathy
Request Relief
Leave them with ONE choice
Leave them with something |
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Term
Federal Rules of Evidence (FRE) 702
Provides → Assists → Explains → Determines → Helps |
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Definition
Provides Expert Testimony
will assist facts
Further explain evidence
Determine fact of issue
Help jury understand facts |
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Term
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Definition
1. Concerns
- intimidating, logical clear
- non technical language
2. Persuasive Experts
- education and training
- trustworthy and likeable
3. Teacher (expert)
- understand and like the subject
- remember information
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Term
Law of Experts
702 - An expert must pass certain evidentiary test before properly admissable "sequential questions" |
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Definition
- Appropriate subject - assist facts of the case
- Qualified Expert - experience / training
- Reliable Expert - testable theory, acceptable
- Proper test
- Expert Sources
- Disclosed Sources
- Admissable Sources
- Proper Testimony - opinion v. scientific
- Expert testify issues
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