Trying the Civil Case

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Trying the Civil Case

Having learned the lessons from the prior programs, you are ready to try the civil case.  This video program includes an employment discrimination case file.  You can practice with this file either before viewing the program or with each segment.  You will want to review the case file before viewing the video.

Click below description to view an excerpt from:  Trying Cases to Win, Trying the Civil Case that discusses the order of witnesses.

Key Points Covered:

  • Strategies for both the plaintiff and the defendant
  • Delivering the opening for the plaintiff and the defense
  • How to select the most effective order of witnesses
  • Calling the adverse witness
  • Rehabilitating your witness after cross-examination
  • Cross-examination of the party plaintiff

Detailed Course Outline


"Facts" are what the jury will believe
Mental direct and cross-examination of witness to determine facts
Organization is as persuasive as content
Examining the facts of the 'Paine' Case
Analyzing the facts for both sides in 'Paine'
The plaintiff's strongest fact
Pathos, the emotional appeal of the plaintiff's case
Constructing the opening statement for the plaintiff
Demonstration of the opening statement for the plaintiff
Analyzing the case for the defendant
The defendant's strongest fact
Demonstration of the opening for the defense


Order of witnesses
Calling the adverse witness
Demonstration of examination of adverse witness
Using probability to cross-examine
Turning evasive answers against adverse witnesses
Demonstration of rehabilitation of witness
Never answer when speaking second
Keep to you own best organization
Direct examination of plaintiff
Leading the witness with out leading questions
Argue through the witness not the jury on direct examination
Demonstration of cross-examination of plaintiff
Summary and review

Viewing Time: 3.5 hours

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