Evidence and Trial Advocacy are often taught as if in practice; the topics are not related. The original edition of this title pioneered the concept that instruction on trial technique and evidence rules in the same volume is an effective way to teach either an evidence or trial advocacy course. This combination provides students with the foundation for becoming skilled trial advocates within the boundaries of the rules of evidence. Trial Technique and Evidence explains the purpose and application of each evidence rule. The practical methods of presenting evidence are balanced against the requirements of the rules. Indeed, many evidence rules are "practice" rules, either not covered in the formal rules of evidence or not addressed in detail. The basis for introducing demonstrative exhibits, for example, is not included in the federal rules, and impeaching witnesses in trial requires knowledge of practical technique. Trial Technique and Evidence allows a professor to incorporate practical requirements with evidence theory. The text also includes practical steps for compliance with the rules, with examples to facilitate the student's understanding, and addresses recent developments such as: • Jury persuasion • Application of rules to electronic evidence • Trends in applying the Daubert factors for assessing expert testimony • Amendments to the Federal Rules of Evidence
While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge's time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
This text will expose you to the many documents used in preparing for trial and appellate advocacy by providing a complete set of documents to supplement your persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. Case File II spotlights First Amendment and substantive tort issues that teach you how to argue legal and factual issues, extrapolate issues from the record, find evidentiary support for their position, and grapple with challenges of scope of review and harmless error. Practicing Persuasive Written and Oral Advocacy: Case File II demonstrates the link between the classroom and the courtroom: a simulated case, Coburn v. Martinez, is based on actual events and offers high human-interest valuedocuments are designed to achieve precise teaching objectives; they faithfully replicate reality, but improve upon itthe case file includes: a compliant, defensive motions with supporting and opposing declaration, depositions, and a detailed record-on-appeal transcriptexercises may contain one or more memoranda and oral arguments before the trial courts, as well as briefs and oral arguments before an appellate courts
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