One of America's leading litigators, and Trial Guides' bestselling author, Rick Friedman brings you the first practical text on the fundamental skills you need to know when handling a trial. With trial experience increasingly rare, The Elements of Trial provides a concise guide for law professors, law students, and every lawyer preparing for trial.
This book offers invaluable advice on the following aspects of trial:
- Investigating your case
- Interviewing and preparing witnesses
- Organizing trial notebooks, discovery information, trial briefs, and exhibits
- Creating a theme
- Choosing or drafting jury instructions
- Asking questions of the court clerk and judicial assistant
- Framing your case-in-chief
- Filing motions in limine
- Pretrial hearings
- Making objections and understanding juror perceptions about the use of objections in trial
- Bench conferences
- Moving exhibits into evidence
- Voir dire (including your purpose beyond cause and peremptory challenges)
- Opening statement (structure, themes, establishing credibility, and what you should never do)
- Direct examination
- Cross-examination (constructive and destructive)
- Making a record
- Directed verdict/motion for judgment as a matter of law
- Rebuttal case
- Charging conference
- Closing argument
- Taking the verdict and polling the jury
- Posttrial motions
- Your impact on the trial
The book also explains the applicable law related to each part of trial and offers ways to effectively implement the techniques and methods that Friedman and Cummings present.
This audiobook is read by Joshua Karton. As a legal consultant, Mr. Karton serves on the faculty and develops curriculum for leading plaintiff and defender associations, including AAJ and NACDL, as well as for NITA, ABA, and various law schools. He has been an instructor at Gerry Spence's Trial Lawyers College in Wyoming since its inception, prepared the oral presentation of successful cases before the U.S. Supreme Court, and piloted the Advanced Trial Advocacy Course for the JAG Corps. Outside the legal field, Mr. Karton served on the faculty of the School of Theater at the University of Southern California, and his students include recipients of Oscars™ and Emmys™. As the owner of Communication Arts for the Professional in Santa Monica, California, he maintains a professional practice of individual case consultation and witness preparation.
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Disc 1 [53:06]
- Title
- Introduction
- Overview
- Jury Instructions
- Investigation
Disc 2 [64:57]
- Fighting Chaos
- Assessing Your Case-in-Chief
- Trial Briefs and Motions In Limine
- The Pretrial Hearing
Disc 3 [57:30]
- Jury Selection (Voir Dire)
- Opening Statement
Disc 4 [62:50]
- Presenting Your Case-in-Chief
- Cross-Examination
Disc 5 [73:16]
- Making a Record
- Directed Verdict
- Rebuttal Case
- The Charging Conference
- Closing Arguments
Disc 6 [47:38]
- Jury Questions and Taking the Verdict
- Posttrial Motions
- You
- Conclusion
- Suggested Reading
- Publisher’s Note
- End
Total running time: 10 hours, 1 minute