Basic trial advocacy

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Little, Brown, 1995 - Law - 386 pages
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In this concise new paperback, Peter Murray-experienced litigator and a veteran director of Harvard Law School's trial advocacy program-simply and clearly explains why trial lawyers do what they do, and, In the process, naturally hands students the effective systematic techniques they need to develop their own personal trial advocacy skills. BASIC TRIAL ADVOCACY centers on the persuasive fact image a trial lawyer must create For The judge and jury by organizing, presenting, and translating bits of information. In a straightforward, conversational tone, Murray describes the process of in-court fact presentation throughout each step of the trial process-which directly corresponds To The process of developing the total fact image. Topics include: courtroom conduct and manners evidentiary objections illustrative aids and exhibits techniques for opening, direct and cross examination, questioning of expert witnesses, impeachment, and summation Murray pays particular attention to ethics in an early chapter and in references throughout the text. Discussion ranges from formal ethical rules and specific trial lawyering rules to false inferences, and leading and prompting witnesses in direct examination. The text in enhanced by numerous example-many stemming form Murray's own experiences. In addition, this book's flexible structure can easily be altered to suit your own presentation. Its organization parallels the development of a case at trial, however chapters will stand on their own if assigned out of order. Give your students the resources that confirm trial lawyers can be made as well as born. Recommend or adopt the book resulting from many years of practice and more than 13 years of trial advocacy teaching at Harvard Law School-BASIC TRIAL ADVOCACY.

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Contents

The Training of Trial Lawyers
1
The Task of the Trial Lawyer
7
F Control of the Fact Presentation Process
13
Trial Lawyers Ethics
19
The Obligation to Present the Truth
25
Observing a Higher Level of Candor Than
32
H Ethical Lapses in Court
39
Developing a Fact Theory of the Case
53
E Effective Use of the Control Device
170
F Choosing Between Control and Impeachment
179
H Discipline on CrossExamination
203
Open Questions on CrossExamination
217
Evidentiary Objections
221
B To Object or Not to Object
222
E Objections and Control of the Presentation
234
Illustrative Aids
243

The Process of Developing the Fact Theory
59
Courtroom Conduct and Manners
67
Body Language
78
E Lawyer Palaver and Commentary
84
G Courtesy
92
Opening Statements
97
B Accrediting the Lawyer
99
Direct Examination
107
Introduction of the Witness and Accreditation
116
F Exercising Control on Direct Examination
120
H Questions as a Means of Control
128
Refreshing Recollection
142
J Past Recollection Recorded
150
CrossExamination
155
B Planning the CrossExamination
157
Leading Questions
163
E Dangers and Risks of Illustrative Aids
249
G Illustrative Aids and the Trial Record
256
Ownership and Control of Illustrative Aids
262
Exhibits in Evidence
269
E Proof of Authenticity
285
F Photographs
292
G Exhibits That Are Records The Hearsay Rule
299
Expert Witnesses
311
The Factual Foundation for Expert Testimony
330
E Eliciting the Experts Opinion
337
Summation
353
E Arguing Witness Credibility
359
Rhetoric in Final Argument
366
Discussing the Law in Summation
372
Index
379
Copyright

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About the author (1995)

Peter L. Murray is the Robert Braucher Visiting Professor of Law from Practice at Harvard Law School. He served as the Faculty Director of the Harvard Legal Aid Bureau and continues to serve as Director of the Winter Trial Advocacy Workshop. He is the author of Basic Trial Advocacy, an advocacy training treatise; a co-author of Green, Nesson and Murray s Problems, Cases, & Materials on Evidence, and an author and co-author of many legal articles. He has worked extensively in comparative law, with particular reference to civil procedure in Germany and Europe.

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