My notes (one)

Question 1

How do we avoid setting the witness for needless objections and cross-examination

Answer 1

We are doing anticipatory deconstruction, breaking down the witness’s story into essential elements while at teh same time critically examining each piece of it to determine how it fits with our whole story and how it can be made persuasive and attack-proof.

Question 2

two major tasks in direct

Answer 2

Make your witness comfortable and serve as intermediary between the witness and the trier of facts (keep witnesses focused on what is relevant, there whole story might not be your whole story)

Question 3

Making witness comfortable

Answer 3

Offer coffee or drink, get it yourself.
Ask if they’ve been a witness before. Ask about it.
Go through basics anyway, but tell them they can cut you short.
Make them familiar with court room (diagram, etc.)
Roles of everyone
Oath
Ask a big favor, ask them to trust that you will bring out the necessary information.

Question 4

Rules to tell witnesses for answering questions

Answer 4

Listen to the question, hear every workd
take a second or two
If it isn’t clear question say so
Answer question

Question 5

Witness special qualities

Answer 5

bring them out. I nurse saying, I checked the blood pressure as I was trained to do is better than one who just says they checked teh blood pressure.

Question 6

How to start direct?

Answer 6

A few basic questions, name, work, where do you live. Then, do you know why you a re here? Why?
Remember to use basic language not stilted legalese (what is your business or occupation, just what is your job or what do you do for a living)

Question 7

exhibits in direct

Answer 7

Weave them in when possible. Seeing aids with memory.

Question 8

Story model of jury understanding

Answer 8

The story model is based on the hypothesis that jurors impose a narrative story organixation on trial information. The story will be constructed from three types of knowledge 1) cas-specific information aquired during trial, 2) knowledge about events similar in content to those that are the topic of dispute, and 3) generic expectations about what makes a complete story.

Question 9

story coverage

Answer 9

A story’s coverage of the evidence refers to the extent to which the story acocunts for evidence presented at trial. Our principle states taht the greater the story’s coverage, the more acceptable the story as an axplanation of the evidence, and the greater confidence the juror will have in the story as an explanation, if accepted.

Question 10

story coherence

Answer 10

product of consistency, plausibility and completeness.
Consistent = no internal condtraictions.
Plausible = aligns with jurors understanding of the world
Complete = story has all of its parts

Question 11

What is the law from the jurors perspective?

Answer 11

The jury instruction.

Question 12

How to prepare jury instructions

Answer 12

Research and anallyze the controlling law in statutes and cases that will form basis of instruction. Cite authority.

Question 13

Pattern instructions

Answer 13

Crafted by attorneys, judges and academics. Rarely overtunred. use them if they benefit you.

Question 14

Brief for jury instruction?

Answer 14

Yes if you are trying to persuade to adopt an imporant instruction that varies from pattern or is completely new. Jury instruction can be the heart of the case so it is worth the effort.

Question 15

What should a proposed jury instruction look like

Answer 15

1) state legal theory, 2) be balanced, 3) be understandable, 4) organized into a set of comprehensible proposed instructions

Question 16

Balanced language

Answer 16

Although the instruction should reflect your case theory, it should not include argumentative words and phrases.