Examining Witnesses

Front Cover
American Bar Association, 2003 - Law - 491 pages
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Updated and expanded, this 2nd edition provides the theory, techniques, and strategy guidance needed to use witnesses effectively in trial.
 

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Contents

Dead Reckoning Gestalt and the Closing Argument
1
Deciders Perceive Whole Stories
5
The Way You Tell It Makes All the Difference
26
Structure and Order
29
Proof of Facts
31
The Essence of Direct and Cross
35
Are You Sure?
36
You Always Navigate by Dead Reckoning
37
Minimal Contradiction Redux
228
Witness as Object Witness as Observer
230
Liar
232
CrossExamination Difficult Witnesses Witnesses with Difficulties
237
The Representative
240
The Informer
242
Character Witness
245
ForeignLanguage Witnesses
247

Direct Examination Friendly Folks
47
The Story Within the Story
49
Preparing the Friendly Witness
51
Beginning Strong
57
Stating and Restating Your Theme Helping the Jurors
59
Direct Examination Organization
60
Loops
61
Prologues and Transitions
62
Demeanor Tone and Movement
63
Deconstruction Without a Yellow Pad
64
Two Examples
67
Leading Questions and Avoiding Narrative
75
Direct Examination Neutral Fact Witnesses
79
The Partisan
82
The Record Keeper
85
The Bystander
89
The Professional
97
The Journalist
105
Direct Examination Difficult Attributes
107
ForeignLanguage Testimony and Related Problems
108
The Child Witness
114
The Witness Who Was Wrong
116
The Witness Who Doesnt Want to Be There
118
The Character Witness
120
Direct Examination Your Client
125
Does the Client Testify?
126
The Criminal Defendant as Witness
128
Preparing the Client to Testify
130
The Client on the Stand
136
Demonstrative Evidence and Illustrative Materials Say It with Pictures
147
Basic Principles
149
Agreement or Ruling?
153
Basic Publication Strategy
156
Skepticism About Hardware
157
Read It
158
ELMOS and Overhead Projectors
159
Multiple Copies
163
Large Posterboard Charts
167
The Object Itself
170
Pad or Blackboard?
173
Video Images
178
Another Cautionary Tale
183
Adverse Examination Inviting the Enemy in to Dine
187
When and Whether to Call an Adverse Witness
189
How to Do It
194
CrossExamination Venial Violations of the Ten Commandments
199
The Ten Commandments
202
The True Rules of Cross Control
203
The Theory of Minimal Contradiction
208
Meaning
210
Perception
212
Memory
216
Veracity
221
A RealWorld CrossExamination Annotated
251
CrossExamination Preparing Your Witnesses for Its Rigors
349
Scrimmage The Ground Rules
353
Is There a Gentler Way?
356
Perception Memory Meaning Veracity
357
How to Scrimmage
358
Expert Witness Soft Subjects Choosing and Presenting Your Expert
361
Hard Expertise and Soft Expertise
364
Materiality
367
Rules About Experts
368
Scientific Technical or Other Specialized Knowledge
372
Facts or Data
373
Reliably Applied
374
Demonstrative Evidence
375
Search Techniques
377
How to Prepare Yourself for the Search
379
The Nontestifying Expert
380
Preparing Your Expert to Testify
382
Biographical Information
383
Qualifying The Expert
385
Introducing the Themes
386
Making the Point
390
Arrogance
392
Expert Witness Soft Subjects CrossExamination
397
Are You Competent? About This Subject?
400
How Did You Get Here?
404
Will It Assist the Trier of Fact?
410
Is It Reliable?
413
Who Was Not There
415
But Who for a Fee
419
Will Gladly Imagine What It Must Have Been Like
421
The Other Expert Cross
424
Expert Witness Hard Subjects Choosing and Presenting Your Expert
429
The Search
430
Do You Need an Expert?
432
Presentation
439
Expert Witness Hard Subjects CrossExamination
443
Is It a Specialty?
444
Make the Experts Conclusion Doubtful
448
Liars and Very Badly Mistaken People
457
No Questions?
460
Closing Thoughts Dignity Yours and the Witnesss
463
An Anecdote About Dignity
465
Who Are You? The Jurors Answer
466
Witnesses and Dignity
469
Levels of Formality Some Cautionary Words
470
Seven Deadly Sins
471
Context
472
Concluding Words
473
Bibliography
477
Index
481
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About the author (2003)

Tigar is Edwin A. Mooers Scholar and Professor of law at Washington College of law, American University.

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