NCJ Number
141435
Editor(s)
J E Lyons
Date Published
1992
Length
363 pages
Annotation
These authors bring their own courtroom experience to bear in discussing such fundamental points in civil litigation as jury selection, opening statements, cross-examination, and the use of expert witnesses.
Abstract
The first chapter discusses alternatives to dispute resolution, focusing on arbitration, mediation, minitrial, summary jury trial, neutral expert fact-finding, and early neutral evaluation. The second chapter gives pointers on selecting a jury, the single most important factor in determining a favorable outcome for one's client. The fundamental element of a successful opening statement is the development of a one-minute opening that is so forceful it leaves no doubt as to the strength of one's case. In direct examination, the key is to get the witness to tell the story in a fashion that will appeal to the jurors and that will bear up under cross-examination. However, the trial's centerpiece is the cross-examination, where lawyers must master the facts, know the witness, comprehend the technical details, and recognize the theater aspect of the trial. The chapter on expert witnesses discusses how to select, present, and cross- examine these witnesses. In the final argument, the lawyer has the opportunity to unleash the bounds of evidence to argue what the facts really mean; the lawyer must keep the jury's attention and give it a reason to agree with his client's case. This book also includes two essays on courtroom practice from the view of the bench as well as an examination of factors to consider when making an appeal. Chapter references