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Category: Cross Examination

OBSERVATIONS ABOUT CROSS EXAMINATION

OBSERVATIONS ABOUT CROSS EXAMINATION

GOALS OF CROSS EXAMINATION Lawyers sometimes fail to prepare for cross examination in the same way they do other parts of the trial. They just launch off without any particular objective other than an impeachment they have available. They just have a general sense they want to prove the witness is wrong or a liar. That’s why cross examination is often not only unsuccessful but, boring. Great trial lawyers plan their cross examination and have specific goals in mind. We…

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THERE ARE LIES, THERE ARE OUTRAGEOUS LIES AND THERE ARE STATISTICS” Mark Twain

THERE ARE LIES, THERE ARE OUTRAGEOUS LIES AND THERE ARE STATISTICS” Mark Twain

According to the book “The Body” a French lawyer struck a deal in 1965 with ninety year old Jeanne Calment in which he agreed to pay her twenty hundred Francs until her death. When she died, he would own her apartment Arles. Given her age, it seemed like a good deal. However, she went on to become the oldest person on record by living another thirty two years. In fact, she outlived the lawyer who died at age seventy seven….

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EVASIVE WITNESSES

EVASIVE WITNESSES

Recently plaintiff’s attorney Rick Friedman shared an article from the defense publication ” For the Defense” published in December 2015 entitled ”Strategies for Responding to Reptile Theory Questions” by John R. Crawford and Benjamin A. Johnson. file:///C:/Users/pnl/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/EEHZ7017/Strategies-for-Responding-to-Reptile-Theory­Questions-compressed.pdf The article is written in response to David Ball and Don C. Keenan’s book Reptile: The 2009 Manual of the Plaintiff’s Revolution.” The authors summarize the concept in the book as: “In brief, the theory calls for convincing jurors that a defendant’s conduct…

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