The Masters Course

This video goes beyond mere lecture and simple demonstration.  It offers a theory.  It tests that theory through live and videotaped performances.  It examines that theory with probing analysis and the greatest care.  This video demonstrates the techniques of opening, direct, cross and summation, and pulls them together into a systematic strategy for WINNING!

See the excerpt below the description:  Trying Cases to Win, The Masters Course that discusses the Rule of Probability.

A Partial List of Key Points Covered:

• Principles of opening
• Order of opening
• How to construct an opening
• How to protect against your adversary's best arguments
• The four levels of advocacy
• How to make provisions against opening arguments
• Planning the Plaintiff's opening
• Use of whiteboards and exhibits to make testimony memorable
• "Rule of Probability" and its critical importance to the jury
• Attacking the credibility of your oponent

Highlights:

The thousands of experienced trial lawyers who have heard Herbert J. Stern lecture or read his books agree that he is the finest teacher of trial advocacy in the United States.  It is fitting that he would now tackle the best, most used case file ever developed, Dixon v. Prudential Life Insurance Co.*  In order to win this case, the trial lawyer must use the highest skills.  Throughout this riveting presentation Stern proves that the trial lawyer's skill does make the difference between winning and losing.  Stern takes the viewer through the case and coldly analyzes what does and does not work by critiquing demonstrations from such distinguished trial lawyers as:  Robert Hanley, Benjamin Civiletti, James St. Clair, Judah Best, Bruce Goldstein, Herb Stern and others.

This is a widely used case file in Trial Advocacy programs and law schools.

* (c) by National Institute for Trial Advocacy

Detailed Course Outline

DISK 1

Introduction: Overview of program

Principles of opening

On direct and cross-examination, argue your case through the witness to the jury

Review of case file

Commit yourself on opening

Order of opening – burden of proof

Primacy

Video Deomonstration: Opening for Plaintiff by Robert Hanley

Critique of Robert Hanley opening

Strengths and weaknesses of opening

The four levels of advocacy

How to construct and opening statement - Analysis of plaintiff's case

Review the testimony of all witnesses - Analysis of cross-examination of Sheriff Webb

Video Demonstration: Cross-examination of Sheriff Webb by Herbert Stern

How to achive a "yes" answer

The rule of probability - Risks created by plaintiff on opening

Live Demonstration: Opening for the defense by Herbert Stern

Defense response to plaintiff's opening statement

How to attack the credibility of your opponent

How to protect against your adversary's best arguments

End of Tape 1 - Lecture continues on Tape 2

DISK 2

Continuation: opening for the defense by Herbert Stern

Analysis of Stern's opening

How to make provisions against opening arguments

Planning the Plaintiff's opening

Video demonstration: opening for the defense by Benjamin Civiletti

Stop-action critique of opening statment by Benjamin Civiletti

Use of blackboards and exhibits to make testimony memorable

Develop a central theme

Do not maintain a a fluid position

End of Benjamin Civiletti

Take a stance

Identify what you must prove and say that you will prove it

Developing the case from the plaintiff's perspective

The rule of probability

How to develop a central theme that works

How to decide what the jury will believe

What you can prove

Who will be believed

Never get emotionally involved

Social scientists are not necessary to evaluate your case

To prepare you opening, first prepare an opening for the other side

How to attack the crediblility of your adversary

How to determine the order of witnesses

Put witnesses on earliest that help you the most and hurt the least

Protecting your witness from cross-examination

Live demonstration: Sample cross-examination of Wilson by Herbert Stern

Why you must call Judge Dixon a thief

The order of witnessses

Analysis of proposed cross-examination of Burns

Strategy for dealing with the most important defense witness

Video demonstration: Cross-examination of Burns by Herbert Stern

Stop-action critique

Advocate you case through tthe witness

How to handle difficult and evasive witnesses

End of Tape 2 - Lecture continues on Tape 3

DISK 3

Introduction: Direct examination of Burns by defense

Video demonstration: Direct examination of Burns by James St. Claire

Argue your case through the witness to the jury

Don't wait to tie it up later

How to insulate your witness from cross-examination

The lawyer should read to the jury not the witness

Live demonstration: Direct examination of Burns by Herbert Stern

Foundation of exhibits

How to argue your case to the jury through your witness on direct examination

How to introduce conversations

Offers of proof

Video Demonstration: Cross-examination of Burns by Burce Goldstein

How to lead and control a witness

Do not insist on the "yes" or "no" answer

"Thank you" statements by counsel directed at a witness are improper

End of cross-examination by Bruce Goldstein

Analysis of how plaintiff should handle two vital but vulnerable defense witnesses, Crowe and Wilson

To open properly you must first hear in your mind the direct and cross-examination of each witness

Video demonstration: Cross-examination of Wilson by Herbert Stern

Switching from leading to non-leading questions

How to cross-examine Norman Crowe

Video demonstration: Cross-examination of Crowe by Herbert Stern

End of demonstration

Review of theory of the case

How to develop the strongest central theme

The principles of advocacy

End of Tape 3 - Lecture continues on Tape 4

DISK 4

How to prepare a proper opening statement: the highest form of the art

Introcution ot the opening statement

How to develop a central theme and strategy for your case

Live demonstration: Opening statment for Plaintiff by Herbert Stern

Critique of Stern's opening

Develop the facts

What on the propbabilities will sell

Choose between probabilities

Introdution to opening for defendant

Your organization and structure must remain the same

Reduce your theme to its point of greatest strength

Discussion of opening for the defense

The advantage of opening first

The burden of proof is worth noting

Willingly accept the burden of prooof

Motion in limine for the right to open first

The motion in limine as a device

The only person who should mention the burden of proof is the one that bears it

Length of openings

Video demonstration: Opening statement for the defense by James St. Claire

How to open the strongest way

Direct examination

How to prepare a witness

Live demonstration: Herbert Stern demonstrates how to prepare a witness for direct examination

Live demonstration: Direct examination of plaintiff by Herbert Stern

Use of transition questions

End of Tape 4 - Lecture continues on Tape 5

DISK 5

Continuation of direct examination of plaintiff by Herbert Stern

Video demonstration: Direct examination of plaintiff by Judah Best

Set the stage early

Organize by topic

Use short questions to get repetition and emphasis

Introduction of cross-examination of plaintiff

Live sample cross-examination by Herbert Stern

Three forms of cross-examination: to limit, to obtain, to attack credibility

Video demonstration: Cross-examination of plaintiff by James Shellow

Only attack credibility if you have to

Attacking credibility when you don't have to is suicidal

The rule of probability is the mightiest weapon of the trial lawyer

End of Tape 5 - Lecture continues on Tape 6

DISK 6

Video demonstration: Direct examination of Anna Martin by Stephan Duncan

Introduce the witness

How to control the witness

Break up the testimony into small pieces

Use short questions

Cross-examination of Anna Martin by Herbert Stern

Introduction of direct examination of Sheriff Webb

Minimize exposure on cross by giving the jury and witness ammunition on direct

Sample live direct examination of Webb by Herbert Stern

Do not allow the witness to be the advocate in the courtroom

Closing Argument

The longer the trial the less important is the closing argument

The purpose of closing is to give your allies on the jury the ammunition to fight for you case

Polling jurors

Read Back Testimony form trial transcript

Use of exhibits

Video Demonstration: Closing for the defense by Herbert Stern

Thank the jurors

Don not deviate from the organization of your closing

End of Tape 6 - Lecture continue on tape 7

DISK 7

Video demonstration: closing for the Plaintiff by Herbert Stern

Summary of program

End of program

Viewing Time: 6 hours