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| direct examination definition law: The Trial Process J. Alexander Tanford, 2009 This book introduces students to the essential skills and bodies of knowledge required for competent representation of clients, including highly practical issues such as courtroom etiquette, the psychology of jury trials, ethical considerations, and trial tactics within a legal and procedural framework. Sample transcripts appear throughout the book to directly illustrate how to conduct various stages of a trial, such as voir dire, opening and closing statements, and direct and cross-examination. The accompanying documentary supplement for this book, Trial Practice Problems and Case Files, may also be used with any trial advocacy textbook that emphasizes skills and tactics. Part One of Trial Practice Problems and Case Files contains a basic series of problems derived from the case files contained in Part Two. Part Two has complete, self-contained case files for four criminal cases and three civil cases. When used for full trials, each case is designed to be evenly balanced so that both sides have realistic chances for favorable verdicts. The case files also provide an excellent basis for developing individual problems and exercises. A Teacher's Manual is available to professors. |
| direct examination definition law: Cross Examination in International Arbitration Kaj I Hobér, Howard S. Sussman, 2014-03 A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format. |
| direct examination definition law: Examining Witnesses Michael E. Tigar, 2003 This book covers virtually every type of witness and witness situation that a lawyer is likely to encounter. |
| direct examination definition law: Guide to Advocacy Stephen Jagusch, 2017-11-03 Global Arbitration Review's Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration, featuring unique insight from well-known arbitrators on advocacy. The fully revised Second Edition is a useful tool for junior lawyers who wish to develop their advocacy skills, as well as a manual for civil trained lawyers who would like to feel more at ease with cross-examination as it breaks the arbitral process into key steps and explains the advocacy "e;opportunity"e; that each represents (focusing on the principles at work rather than specifics).Woven throughout are gems from big name arbitrators - tips, complaints, musings and reminiscences - providing a new, 360-degree view of written and oral submissions.The Second Edition contains several new chapters and a fresh tranche of arbitrator contributions.While the first edition covers the basics through chapters on, inter alia, written submissions, cross-examination, opening submissions and closing arguments, this second edition delves deeper by exploring 'Cultural Considerations in Advocacy'. These are aimed at advocates raised within a particular national or regional style who wish to know what adjustments to make when in the international mileu; and vice versa. These chapters contain observations of help when some of the players in the arbitration - be they arbitrators, opponents or others - hale from Asia, Latin America, United States or the UK. |
| direct examination definition law: Modern Trial Advocacy Steven Lubet, Cynthia Tape, Julie Rosenthal, Lisa Talbot, 2019-07-28 Now in its fourth edition, Modern Trial Advocacy: Canada is the first and last word in Canadian trial practice. This classic handbook, published by the National Institute for Trial Advocacy, gives practitioners a detailed road map for conducting a trial. Expanding on the original text written by Steven Lubet for an American audience, experienced Toronto trial lawyers Cynthia Tape and Julie Rosenthal guide the beginning advocate in developing a winning case theory through all phases of trial. They explain how to present a case as a story – and powerfully and persuasively tell that story to the jury. Modern Trial Advocacy: Canada provides not only Canadian case law and statutes, but also valuable insight into the specific elements of Canadian litigation practice as itpresents a realistic and contemporary approach to learning and developing trial advocacy skills. This book offers a sophisticated, theory-driven approach to advocacy training that distinguishes it from other books in the field. The fourth edition has been updated with current citations to case law, statutes, and rules and the latest “best practices” for using technology in the courtroom. |
| direct examination definition law: Principles of Evidence in International Criminal Justice Karim A. A. Khan, Caroline Buisman, Christopher Gosnell, 2010 Principles of Evidence in International Criminal Justice provides an overview of the procedure and practice concerning the admission and evaluation of evidence before the international criminal tribunals. The book is both descriptive and critical and its emphasis is on day-to-day practice, drawing on the experience of the Yugoslavia, Rwanda and Sierra Leone Tribunals. This book is an attempt to define and explain the core principles and rules that have developed at those ad hoc Tribunals; the rationale and origin of those rules; and to assess the suitability of those rules in the particular context of the International Criminal Court which is still at its early stages. The ICC differs in structure from the ad hoc Tribunals and approaches the legal issues it has to resolve differently from its predecessors. The ICC is however confronted with many of the same questions. The book examines the differences between the ad hoc Tribunals and the ICC and seeks to offer insights as to how and in which circumstances the principles established over years of practice at the ICTY, ICTR and SCSL may serve as guidance to the ICC practitioners of today and the future. The contributors represent a cross-section of the practicing international criminal bar, drawn from the ranks of the Bench, the Prosecution and the Defence and bringing with them different legal domestic cultures. Their mixed background underlines the recurring theme in this book which is the manner in which a legal culture has gradually taken shape in the international Tribunals, drawing on the various traditions and experiences of its participants. |
| direct examination definition law: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| direct examination definition law: The Art of Cross-Examination Francis Lewis Wellman, 1920 |
| direct examination definition law: Uniform Evidence Law Miiko Kumar, Stephen Odgers, Elisabeth Peden, 2015 Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania. |
| direct examination definition law: A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration Ragnar Harbst, 2015-10-20 Mastering the art of witness examination is essential in order to prevail in international arbitration. Lawyers acting as counsel in arbitration know that witness evidence stands out from the plethora of documentary evidence in terms of uniqueness and authenticity. A vivid, first-hand live account of the events in issue exerts a strong influence on the arbitrators, and a handful of memorable testimonies can outweigh an avalanche of documents. This book shows how such mastery in the art of witness examination is accomplished. In the majority of today's international arbitrations, witness examination is modeled around the common law practice of lawyer-led questioning. Arbitration practitioners are therefore more and more expected to take charge of the examination process. Drawing on the principles of the art of advocacy in the common law tradition, this persuasive and highly engaging book sets out, in great detail, the practical techniques applicable to the use of witnesses in arbitration. The author describes such elements of witness evidence as the following: • differences between common law and civil law systems in regard to taking witness evidence; • techniques for interviewing witnesses and preparing witness statements; • question techniques for direct examination and cross-examination; • methods for developing forceful cross-examinations; • the boundaries of witness preparation; • preparing the witness for direct examination and cross-examination; • psychological risks of witness preparation; • guidelines for witnesses during direct examination and cross-examination. All topics are illustrated by way of practical examples, which also serve as a pool of useful model phrases and expressions. Practical appendices include ready-to-adapt sample documents, such as a procedural questionnaire, procedural rules and a witness statement. The book will be particularly useful for arbitration practitioners who have had little exposure to the adversarial approach to evidence and who wish to learn the ropes of lawyer-led witness examination and preparation. However, any practitioner stands to gain from applying the book's practical guidance and the author's wise counsel. |
| direct examination definition law: Questioning of Complainants by Unrepresented Accused in Sexual Offence Trials New South Wales. Law Reform Commission, 2003 Trial practice, defence and cross-examination in sex crimes in New South Wales. |
| direct examination definition law: Courtroom Preparation and Testimony for First Responders , 2002 |
| direct examination definition law: Take the Witness: Cross-examination in International Arbitration Lawrence W. Newman, Ben H. Sheppard (Jr.), 2010-06-01 This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world. |
| direct examination definition law: United States Attorneys' Manual United States. Department of Justice, 1985 |
| direct examination definition law: Expert evidence in criminal proceedings in England and Wales Great Britain: Law Commission, 2011-03-22 This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority. |
| direct examination definition law: The Receipt of Evidence by Queensland Courts Queensland. Law Reform Commission, 2000 The receipt of evidence by Queensland courts: the evidence of children (Report no 55, pt 2) |
| direct examination definition law: Florida Evidence Charles W. Ehrhardt, 1994-01-01 |
| direct examination definition law: Strategy, Planning and Litigating to Win A. S. Dreier, 2012-10-06 Learn to how Boyd's OODA Loop, Game Theory, Psychology and Sun Tzu's Art of War meld into a seamless, comprehensive, easy-to-implement system for creating highly effective trial strategies. Strategy, Planning & Litigating to Win explains in clear, accessible prose how you can apply the proven tools of formal Strategy to orchestrate events, gain an unprecedented degree of control during trials, and set the stage to achieve your desired outcome. The author, A.S. Dreier draws upon years of experience as a military strategist - working for noted thinkers such as General H.R. McMaster and Vice Admiral A.K. Cebrowski - and as a litigator with a near-100% win rate in contested trials. |
| direct examination definition law: The Right of the [sic] Inhabitants Daniel Dulany, 1728 |
| direct examination definition law: Lawyers' Ethics Monroe H. Freedman, Abbe Smith, Alice Woolley, 2016-11-15 This collection brings together classic articles on lawyers' ethics. Timeless and provocative, the essays explore the moral foundations of the lawyer's role as well as the personal and professional dilemmas lawyers face in the practice of law. The previously published articles sit alongside a specially commissioned introduction by the volume editors which provides an overview of the articles and themes in the collection. |
| direct examination definition law: Brandis and Broun on North Carolina Evidence Kenneth S. Broun, 1993 |
| direct examination definition law: Foreign Law Otto C. Sommerich, Benjamin Busch, 1959 |
| direct examination definition law: Civil Trials Bench Book , 2007 This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation. |
| direct examination definition law: Medical and Dental Expenses , 1990 |
| direct examination definition law: Law and Tactics in Jury Trials Francis Xavier Busch, 1959 |
| direct examination definition law: The Evaluation of Forensic DNA Evidence National Research Council, Division on Earth and Life Studies, Commission on Life Sciences, Committee on DNA Forensic Science: An Update, 1996-12-12 In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book. |
| direct examination definition law: Art of Advocacy Scott Baldwin, 1981 |
| direct examination definition law: Fundamentals of Trial Techniques Thomas A. Mauet, Donald G. Casswell, Gordon P. MacDonald, 2001 This comprehensive text gives your students a sound methodology for trial preparation and reviews the thought processes a trial lawyer should utilize before and during each phase of a trial. Focusing primarily on jury trial, the authors cover the full range of topics from Jury Selection and Opening Statements to Objections and Trial Preparation and Strategy.--pub. desc. |
| direct examination definition law: Witness Intimidation Michael H. Graham, 1985-05-24 Michael H. Graham argues that to meet the problem of witness intimidation squarely, the system must eliminate the possibility of intimidation by preserving the victim's or eyewitness's testimony in a form admissible at trial. To do this, the legal profession must develop procedures to preserve prior out-of-court statements and to admit such statements as substantive evidence if the witness is deemed sufficiently trustworthy. Finally, Graham advances a new proceeding--the preservation proceeding--that would permit the prosecutor to bring a witness before a judge, magistrate, or specially appointed attorney for the express purpose of recording and preserving the witness's testimony. |
| direct examination definition law: A Law Dictionary Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern ... Henry Campbell Black, 1995 Black, Henry Campbell. A Law Dictionary. Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. And Including the Principal Terms of International, Constitutional, Ecclesiastical and Commercial Law, and Medical Jurisprudence, with a Collection of Legal Maxims, Numerous Select Titles from the Roman, Modern Civil, Scotch, French, Spanish, and Mexican Law, and Other Foreign Systems, and a Table of Abbreviations. St. Paul, Minn.: West Publishing, 1910. 1314 pp. Reprinted 1995 by the Lawbook Exchange, Ltd. LCCN 97-10320. ISBN 1-886363-10-2. Cloth. $195. * The second edition of Black's classic dictionary incorporates many new definitions and additional citations to decided cases, besides being a thorough revision of previous entries. Also included are many Latin and French terms overlooked in the first edition. Medical jurisprudence in particular is enriched, with new definitions for insanity and pathological and criminal insanity. The second edition (1910) is an essential complement to the first edition (1891) as it provides the scholar and student of law important insights into the rapid development of law at the turn of the century. The second edition is also notable for its revamped system of arrangement, with all compound and descriptive terms subsumed under their related main entries. Libraries, students, historians, and practitioners will all benefit from this historically significant research tool. |
| direct examination definition law: Apprehended Violence Orders New South Wales. Law Reform Commission, 2003 |
| direct examination definition law: The Law of Evidence in Canada Alan W. Bryant, John Sopinka, Sidney N. Lederman, Michelle K. Fuerst, 2009 Introducing the new edition of Canada's leading work on evidence. Stay up-to-date on evidentiary issues with Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 3rd Edition. Cited as authoritative by appellate courts throughout Canada, it is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence. This new edition includes all significant changes to the law of evidence over the past decade. |
| direct examination definition law: Canadian Criminal Evidence Peter K. McWilliams, |
| direct examination definition law: Catechism of the Catholic Church U.S. Catholic Church, 2012-11-28 Over 3 million copies sold! Essential reading for Catholics of all walks of life. Here it is - the first new Catechism of the Catholic Church in more than 400 years, a complete summary of what Catholics around the world commonly believe. The Catechism draws on the Bible, the Mass, the Sacraments, Church tradition and teaching, and the lives of saints. It comes with a complete index, footnotes and cross-references for a fuller understanding of every subject. The word catechism means instruction - this book will serve as the standard for all future catechisms. Using the tradition of explaining what the Church believes (the Creed), what she celebrates (the Sacraments), what she lives (the Commandments), and what she prays (the Lord's Prayer), the Catechism of the Catholic Church offers challenges for believers and answers for all those interested in learning about the mystery of the Catholic faith. The Catechism of the Catholic Church is a positive, coherent and contemporary map for our spiritual journey toward transformation. |
| direct examination definition law: California Trial Objections , 2009 |
| direct examination definition law: Federal Rules of Evidence and California Evidence Code David Alan Sklansky, 2022-06-01 Federal Rules of Evidence and California Evidence Code: 2022 Case Supplement |
| direct examination definition law: Jury Directions New South Wales. Law Reform Commission, 2012 This report is about the directions that judges give to juries in the course of a criminal trail, and particularly at the summing up. These directions are designed to help jurors understand as much of the law and the issues that arise in the case as they need to make proper use of the evidence and to reach a verdict. |
| direct examination definition law: Evidence Law for Legal Assistants Neal R. Bevans, 2023 Introductory book on Evidence law for paralegal students-- |
| direct examination definition law: The Devil's Advocate Iain Morley, 2015 'The Devil's Advocate' brings a fresh approach to the do's and don'ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step. |
| direct examination definition law: Trial Tactics and Methods Robert E. Keeton, 2003-01 This text for law students gives a comprehensive discussion of the recurring questions of trial practice. Illustrative cases are used to raise issues and offer suggested answers. Rules and suggestions for effective trial advocacy, including ethical considerations |
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