Voir Dire And Opening Statement

1. Introduction; 2. Rule I: Personal Advocacy; 3. Rule II: One Central Theme; 4. Rule II: Make the Case Bigger than its Facts; 5. The Four Laws: Primacy, Recency, Frequency and Vividness; 6. Opening Argument-Not Opening Statement; 7. Problems to Confront in Openings; 8. The Form of the Opening; 9. Final Considerations for Opening; 10. Edward Bennett Williams Opens; 11. Openings in Nonjury Trials; 12. Applications of the Principles to a Case; 13. The Colonial Pipeline Case; 14. Jury Voir Dire; 15. Voir Dire in Two Actual Cases; 16. Conclusion, Appendix A: United States v. Weber-Opening for the Government; Appendix B: United States v. Weber-Opening for the Defense; Index.

Evidence and Trial Advocacy are often taught as if in practice; the topics are not related. The original edition of this title pioneered the concept that instruction on trial technique and evidence rules in the same volume is an effective way to teach either an evidence or trial advocacy course. This combination provides students with the foundation for becoming skilled trial advocates within the boundaries of the rules of evidence. Trial Technique and Evidence explains the purpose and application of each evidence rule. The practical methods of presenting evidence are balanced against the requirements of the rules. Indeed, many evidence rules are "practice" rules, either not covered in the formal rules of evidence or not addressed in detail. The basis for introducing demonstrative exhibits, for example, is not included in the federal rules, and impeaching witnesses in trial requires knowledge of practical technique. Trial Technique and Evidence allows a professor to incorporate practical requirements with evidence theory. The text also includes practical steps for compliance with the rules, with examples to facilitate the student's understanding, and addresses recent developments such as: • Jury persuasion • Application of rules to electronic evidence • Trends in applying the Daubert factors for assessing expert testimony • Amendments to the Federal Rules of Evidence

This is a custom book curated by Professor Frederic I. Lederer at William & Mary School of Law.

Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.

Today, most trial lawyers and consultants accept the fact that all legal decision makers decide cases by first making up their own version of the case story. Yet, few have yet to fully adjust their practices to meet the demands of that reality. Facts Still Can’t Speak for Themselves offers specific methods for trial professionals to increase their reach into the full range of potential stories decision makers can construct (and will construct) during any single case, and then shows you how to refine those stories into the one most compelling presentation for any legal decision maker to judge, in any legal decision-making venue. What you’ll find inside: * How the stories decision makers imagine affect verdicts as much as their backgrounds and beliefs or the attorney’s presentation in court * Which focus group method reveals the real range of stories decision makers can build from your case * How to profitably apply focus group results in negotiations and mediation equally well as in trials * How to run voir dire like a focus group (and a focus group like voir dire) improving both in the processand how to avoid common misleading mistakes * How focus group deliberations are the least valuable part of the process * How asking focus group participants which side in a case they “like” could be a major mistake * Why you should think twice before ever again asking a “why” question or using the word “any” during voir dire or in focus groups * How to establish immediate rapport with decision makers and to manage how they build their perceptions of your client’s case storyin time to affect their final judgments In this new edition, Eric Oliver dives deeply into cutting-edge research in communication, human judgment, perception, and influence and breaks down the process of turning theoretical abstractions into effective persuasive practices that help legal decision makers hearand seethe case story from your client’s point of view. Each chapter is now supplemented with some of the most relevant developments in the science of decision making, as well as with the decade of additional experience Eric has acquired working with trial lawyers and their clients since the first edition was published in 2005.