I was going through a directory on my computer and came across an outline I had made of one of Gerry Spence’s arguments in a birth injury case he tried many years ago. I had gone through the argument and simply noted topics headings in outline form. Of course, it doesn’t do justice to the eloquent argument that Gerry made, but some of the thoughts may be useful to you. Introductory remarks Iappreciate the sacrifice you have all made serving…
A great deal has been written about the connection between script and screen play writing to our trial planning. The source of the most generally accepted way to write a story for a movie or book is a pattern identified by American scholar Joseph Campbell applicable to drama and story telling. It’s basic format involves the hero who goes out doing great deeds on behalf of his or her tribe, group or civilization generally. Here’s a general outline of Joseph…
We all know that it is very important the juryunderstand that the standard of proof for our case is simply more probably truethen not true. It is not that of a criminal case. We must start educating them about this in voir dire and continue the process throughout the trial. In opening statement you cover the point. On direct examination, you remind the witness (for the jury’s benefit) thestandard is more probably true then not true. In cross,you do the…