Trial Advocacy : Inferences, Arguments, And Trial Techniques - 96 edition

Summary:
UCLA law professors Albert Moore, Paul Bergman and David Binder present a new direction in the trial advocacy literature. Existing texts recount familiar trial techniques, and simply instruct advocates to figure out how to prove or disprove legal elements by analyzing their evidence. The assumption, one any experienced trial advocacy teacher knows to be faulty, is that students can carry out this analysis on their own. Trial Advocacy: Inferences, Arguments and ...show moreTechniques creates a new approach by explaining in Part One how to prepare a case for trial by:

• Identifying the historical factual propositions that satisfy applicable legal elements;
• Identifying the evidence and inferences tending to prove or disprove the crucial factual propositions in a case;
• Organizing that evidence into persuasive arguments, depending on whether the evidence is disputed or undisputed or suggests an implausibility in a witness' story;
• Understanding the influence of "silent arguments," i.e., those addressed to a factfinder's emotions and prejudices, and taking advantage of or countering such arguments.
• Part Two illustrates the interrelationship among evidence, argument and technique. This part marries preparation to presentation by setting forth and illustrating trial techniques through which advocates can persuasively communicate their arguments to judges and jurors. The book examines techniques for communicating arguments at each phase of trial, from Opening Statement to Final Summation. Part Two is filled with transcript examples drawn from both civil and criminal cases which are thoroughly explained and analyzed. Advocates may employ the approaches described in any kind of case, civil or criminal.

Edition/Copyright: 96
Cover: Paperback
Publisher: West Publishing Co. (Law Books)
Published: 10/28/1995

View Author Bio

Moore, Albert : University of California-Los Angeles

Bergman, Paul : University of California-Los Angeles

Binder, David F. : University of California-Los Angeles