Modern Trial Advocacy: Law School Edition, Fourth Edition

Modern Trial Advocacy: Law School Edition, Fourth Edition

by Steven Lubet

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The Fourth Edition of Modern Trial Advocacy: Law School Edition presents a realistic and contemporary approach to learning and developing trial advocacy skills. Dedicated to the law student, the book contains a "Trial Basics" chapter, which discusses what happens in a trial and the role the advocate plays.

The Law School Edition has checklists that guide students in their performance.

This edition also includes:
      •   a brand new chapter on using electronic visuals and technology in the courtroom; and
      •   new enhanced video content—top NITA faculty demonstrate the core techniques discussed in the book so you can observe and learn these skills in a new way.

NITA's best-selling text, Modern Trial Advocacy, has set the standard for trial advocacy texts since 1993. All of NITA's renowned full trial programs use the text, as do prominent law schools nationwide. The authors guide the beginning advocate from developing a winning case theory through all phases of trial, explaining how to present a case as a story, and how to tell the story to the jury powerfully and persuasively.

Product Details

ISBN-13: 9781601565747
Publisher: LexisNexis
Publication date: 08/10/2016
Sold by: Barnes & Noble
Format: NOOK Book
Sales rank: 661,263
File size: 3 MB

Table of Contents



Chapter One. Trial Basics

1.1 Trials and Justice

1.2 Getting Started

1.3 Trial Procedures

1.4 Demeanor

1.5 Trial Ethics

Chapter Two. Case Analysis and Storytelling

2.1 The Idea of a Persuasive Story

2.2 The Ethics of Persuasive Storytelling

2.3 Preparing a Persuasive Trial Story

2.4 Persuasion Theory

2.5 Conclusion

Chapter Three. Direct Examination

3.1 The Role of Direct Examination

3.2 The Law of Direct Examination

3.3 Planning Direct Examinations

3.4 Questioning Technique

3.5 Adverse and Hostile Witnesses

3.6 Ethics of Direct Examination

Chapter Four. Cross-Examination

4.1 The Role of Cross-Examination

4.2 The Law of Cross-Examination

4.3 The Content of Cross-Examination

4.4 The Organization of Cross-Examination

4.5 Questioning Technique

4.6 Ethics of Cross-Examination

Chapter Five. Impeachment

5.1 Introduction

5.2 Prior Inconsistent Statements

5.3 Other Prior Inconsistencies

5.4 Character and "Characteristic" Impeachment

5.5 "Case-Data" Impeachment

Chapter Six. Redirect Examination and Rehabilitation

6.1 Purpose of Redirect

6.2 Law and Procedure

6.3 Planned Redirect

6.4 Waiving Redirect

6.5 Conducting Redirect

Chapter Seven. Expert Testimony

7.1 Introduction

7.2 Standards for Expert Testimony

7.3 Offering Expert Testimony

7.4 Persuasive Techniques for Direct Examination

7.5 Cross-Examination of Expert Witnesses

Chapter Eight. Objections

8.1 Making the Record

8.2 Objections

8.3 Ethics and Objections

8.4 A Short List of Common Objections

Chapter Nine. Foundations and Exhibits

9.1 Evidentiary Foundations

9.2 Foundations for Testimonial Evidence

9.3 Exhibits

9.4 Foundations for Real and Demonstrative Evidence

9.5 Foundations for Documents

9.6 Persuasive Use of Exhibits

Chapter Ten. Electronic Visuals

10.1 Introduction

10.2 How Electronic Visuals Make an Impact

10.3 Avoid Overuse and Complication

10.4 Common Electronic Visuals in the Courtroom

10.5 When to Use Electronic Visuals

10.6 Getting Help

10.7 What You Need to Display and Use Electronic Visuals

Chapter Eleven. Opening Statements

11.1 The Role of the Opening Statement

11.2 The Law of Opening Statements

11.3 Structure and Elements

11.4 Content

11.5 Delivery and Technique

11.6 Additional Considerations

Chapter Twelve. Final Argument

12.1 The Role and Function of Final Argument

12.2 Format

12.3 Structure

12.4 Content

12.5 Delivery and Technique

12.6 Ethics and Objections

12.7 Bench Trials

Chapter Thirteen. Jury Selection

13.1 Introduction

13.2 Mechanics of Jury Selection

13.3 Planning and Conducting Voir Dire

13.4 Voir Dire Strategies

13.5 Ethics and Objectionable Conduct


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