Advocacy

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Cambridge University Press, Oct 11, 2004 - Law
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'Painstaking preparation means that luck will run your way'. Advocacy explains how to win cases in court. Focusing on the techniques and methods of successful advocates, David Ross QC shows how to prepare a case for court. Written in simple, clear language he gives the benefit of his many years of local and international experience as he describes • how to hold a court's attention • how to start and stop a witness • how to cross-examine all types of people, from liars to experts • the methods of taking objections to questions • how to address a jury • how to follow etiquette and behave ethically • how to win impossible cases. All the principles of advocacy are explained, from the striking start to knowledge of human affairs, and Advocacy is rich with examples taken from real cases.
 

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Contents

The nature of advocacy
1
The qualities of an advocate
2
Cases won on admissible evidence
4
How and what to learn
5
Good habits
7
Duties of the advocate
8
Perfection is not possible
9
Preparation
10
Circumstantial evidence
65
Previous convictions
67
Bad reputation
69
Child witnesses
70
Crossexamination of experts
72
Is the witness an expert?
73
Proving mistakes
74
Using the simple example
75

Never mark a document
11
Indexing the case
12
Charts diagrams and drawings
13
Photo albums
14
Three examples
16
Requirements for litigation
17
Preparing crossexamination
18
Child witnesses
19
During the trial
20
Luck
21
Witnesses and questions
22
Choosing which witnesses to call
23
Practised witnesses
24
Witnesses who make a mistake
25
Witnesses who lie
26
Never the accused
28
Avoid negative questions
29
Leading questions
30
Leading questions to avoid
31
Do not comment on an answer
32
Watching the witness and listening
33
Demeanour
34
Examination in chief
35
Level of detail
36
Watching the witness and listening
37
Setting the witness at ease
38
Stopping and starting a witness
40
The right order
41
Refreshing memory
42
Toning down weak points
44
Good character
45
Crossexamination its qualities
46
Main aims
47
Relevance
48
The rule in Browne v Dunn
49
Watch the witness
50
Leading questions
51
Forms of question
52
Closing the gates and tightening the net
54
Crossexamination method and style
56
Drawing out every damaging detail
58
Undermining a witness
60
Undermining one witness through another
61
Earlier failure to identity
64
Turning the witness your way
77
Not testing important items
78
Not looking at contemporary notes
80
Crossexamination on documents
81
Calling for a document
82
Using a document to discredit a witness
83
Prion inconsistent statement
84
Prior inconsistent statement turned to prior consistent statement
85
Cutting off any escape
86
Re examination
89
Arising from crossexamination
90
No leading questions
91
Explaining the reason
92
Rebutting recent invention
93
Admissibility objections and submissions
95
Facts in issue
96
Proof
97
Circumstantial cases
98
OBJECTIONS
99
Objections to forms of questions
100
SUBMISSIONS
101
No case to answer
102
Legal submissions generally
103
The addresses
105
OPENING ADDRESS
106
CLOSING ADDRESS
107
PROSECUTION CLOSING
109
Knowledge of human affairs
110
The homely example
112
Plea in mitigation
114
Preparation
115
Negotiating the lowest charge
116
Settling the facts
117
Psychiatric difficulties op impaired intelligence
118
Parity
119
The plea
120
Appeal
121
Etiquette and ethics
122
In court before your case is heard
123
After the case
124
Notes
125
Index
134
Copyright

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About the author (2004)

David Ross QC is an eminent advocate with extensive experience in trials and appeals throughout Australia. He has taught advocacy in many countries.

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