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Category: Argument

GERRY SPENCE’S DEFENSE IN THE RUBY RIDGE CASE TOLD AS A STORY

GERRY SPENCE’S DEFENSE IN THE RUBY RIDGE CASE TOLD AS A STORY

We know the importance of presenting our cases as stories to the jury. In 1996 Dr. Daniel Gross published an article in the Trial Diplomacy Journal about it based on Gerry Spence’s defense in the Ruby Ridge trial in Idaho. The article deals with the place of storytelling in the courtroom. It notes that scholars claim that a narrative is the essence of human symbolic activity because humans are characteristically storytellers. The article notes the importance of the timing of…

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SOME RANDOM THOUGHTS ABOUT ARGUING TO THE JURY

SOME RANDOM THOUGHTS ABOUT ARGUING TO THE JURY

There are a multitude of ways in which we can argue issues to the jury. Of course,  all depends upon the facts of the case, the normal demeanor of the lawyer and the issues. In no particular order here are some notes from my trial materials on random ideas for final summation. Damage Ideas The remedy for harm inflicted on someone else requires full payment. Assume you have a $15 watch which somebody negligently breaks. You’re not entitled to a…

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SHOULD YOU TELL THE JURY IN VOIR DIRE HOW MUCH YOU WANT IN THEIR VERDICT?

SHOULD YOU TELL THE JURY IN VOIR DIRE HOW MUCH YOU WANT IN THEIR VERDICT?

There is a difference of opinion about whether plaintiff should tell the jury the verdict amount you are asking for in jury selection. Some believe it is too soon in the case and it will alienate the jurors. Others, that it is important to anchor the number immediately.  What  follows is a very general discussion about giving the  jury the verdict you want  in voir dire and/or opening  statement David Ball recommends it be done in his book Damages  and…

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