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About Anatomy of a Trial: A Handbook for Young Lawyers
As any experienced litigator knows, litigation theory is often compromised by the realities of an actual trial. This valuable book is written to give young trial lawyers an appreciation of the real problems encountered during jury trials, and how to effectively handle them.
Anatomy of a Trial examines the key phases of jury trials (voir dire, opening statements, direct and cross-examination, and closing arguments) in the context of two particular cases, one criminal and the other civil. The criminal case involves highly complex subjects and law, and is a matter of simplification and storytelling for the jury. The civil case illustrates that most cases hinge on the credibility of witnesses, and also showcases the critical importance of experts in trials of a technical nature.
The assessment of these two criminal and civil cases highlights their differences, and illustrates where the well-developed principles of rhetoric are fundamental to success at trial, no matter the nature of the litigation. With complete opening and closing statements, many actual transcripts from the trials, helpful explanations of the tactics used in the courtroom, and commentary from five judges on what the lawyers did right and wrong, Anatomy of a Trial is a thorough exploration of trial techniques through the lens of two actual cases.
Contents Chapter 1 - Voir Dire Chapter 2 - First Impressions - Opening Statements 11 Chapter 3 - Opening Statement: A View from the Bench Chapter 4 - The Heart of the Trial - Direct Examination Chapter 5 - Direct Examination - A View from the Bench Chapter 6 - Deus ex Machina - The Expert Witness Chapter 7 - "A Legal Engine for Truth" - Cross-Examination Chapter 8 - Cross-Examination - A View from the Bench Chapter 9 - Tying It All Together - Closing Argument Chapter 10 - Closing Argument - A View from the Bench Chapter 11 - Preserving and Protecting the Appeal Appendix I - The Opening Statements in U.S. v. Rosen Appendix II - The Closing Arguments in U.S. v. Rosen Appendix III - Opening Statements in the Maffei Case Appendix IV - Closing Arguments in the Maffei Case Afterword Index