The Basic Building Blocks

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The Basic Building Blocks

This foundation to the Stern Video Library features demonstrations by Herbert J. Stern with Judah Best, Benjamin Civiletti, Bruce Goldstein, John Lowe and Michael Tigar. 

Click below description to view an excerpt from:  Trying Cases to Win, The Basic Building Blocks that discusses the importance of the opening statement.

Key Points Covered:

  • An introduction to the rules of laws of advocacy
  • How to organize, prepare and deliver the most powerful possible opening statement in your case
  • How to formulate questions and argue your case to the jury right through the witness without leading the witness or relying on written questions on either direct or cross-examination
  • The ofganization and delivery of the most effective summation with video stop-action and critiques.

Detailed Course Outline

DISK 1

Overview: Rules and Laws
Rule 1: Personal Advocacy (Ethos)
Personal Belief
Persuasive speech
Why personal advocacy
Sounding like a lawyer
Courtroom rectitude
Courtroom dress and conduct
Rule 2: One Central Theme: The principle of the Whole
The need for a central theme
"But even if" arguments
Buffet theory
"Nay more" arguments
Cumulating weak arguments
Liability and damages
The best theme
Rule 3: Emotional Appeal (Pathos)
"Laws"
Primacy and recency
Vividness
Frequency

DISK 2

Importance of the Opening Statement
Personal Belief
Bench Trials
Methodologies
Chronological approach
Witness-by-witness approach
An opening argument
Techniques: Good and Bad
Written-out openings
The "wind-up"
Where to stand
Burden of proof
Promises of proof
Motions in limine
Dealing with weakness
Stop-Action Videotape Demonstration and Critique
Introduction to Calley tape
Prosecution opening
Defendant's opening
Discussion of tape
Additional Observations

DISK 3

Order of Witnesses
Generally
Parties
Corroborating witnesses
Rebuttal
The Purposes of Direct Examination
Questioning Witnesses
Presenting witnesses
Written questions
Practice by witnesses
Formulating questions
Narratives
Leading questions
Where to stand
Refreshing recollection
Preparing for Direct Examination
Preparing generally
Sensitizing witnesses
Nervous witnesses
Repeating Testimony
Exhibits as Evidence
Exhibits generally
Laying a foundation
Offering the exhibit
Proving Conversations Stop-Action Videotape
Demonstration and Critique
Introduction to Calley Tape
Direct examination

DISK 4

THE DIRECT EXAMINATION
Review of the Videotape
Critique of demonstration
Protecting witnesses
Hearsay and exceptions
THE CROSS EXAMINATION
The Theory of Cross-examination
Introduction
Purpose of cross-examination
The point of an examination
Techniques of Cross-Examination
Leading questions
Purpose of cross-examination
"Yes or no" answers
Appeals to the judge
Structure and errors
Inconsistent statements
When to impeach
Blind alleys

DISK 5

THE DIRECT EXAMINATION
voir Dire of Witnesses
Stop-Action Videotape Demonstration and Critique
Introduction to Calley tape
Cross-examination
Critique of demonstration
APPLYING THE PRINCIPLES TO THE CASE
Forming a Partnership
Deciding on a Central Theme
How to decide
Videotape of Terry Eyre
Review of videotape
The central theme
Proving drunkenness

DISK 6

Stop-Action Videotape Demonstration and Critique
Introduction to Killeen opening
Killeen opening
Critique of demonstration
The Importance of Martin Gunning
Identifying the importance
Live preparation of witness
Live direct examination
Critique of demonstration
Videotape cross-examination
Critique of demonstration
Summations
Preparation
Things to emphasize
Mistakes

Viewing Time: 12 hours

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  • 5
    Best Advocacy Training

    Posted by George A. Heitczman on 23rd Sep 2011

    This material is simply the best teaching tool for advocacy that has ever been developed. I have been interested in the subject matter for over 40 years, and have attended seminars throughout the length and breadth of the land, and even traveled to England for seminars involving barristers. Additionally, I have read books and watched videos that had been prepared for the training of barristers. Nothing can compare to the quality of this material. Anyone seriously interested in becoming a good trial lawyer should buy all of the DVDs in this series. It would be quite an investment, but a most worthwhile one. When the material was available in videotape I purchased the entire series and have never had a moment’s regret. I play them from time to time as a refresher.