Materials in Trial Advocacy: Problems and Cases 10th Edition By Thomas Mauet, Warren Wolfson, Stephen Easton
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Materials in Trial Advocacy: Problems and Cases 10th Edition By Thomas Mauet, Warren Wolfson, Stephen Easton

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315
File size
16.07 MB
Format
Digital PDF
Course
Law
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eBook[PDF]
About this ebook
Materials in Trial Advocacy: Problems and Cases (10th Edition) by Thomas A. Mauet, Warren D. Wolfson, and Stephen D. Easton is structured to chronologically parallel the actual stages of a legal trial. Each section contains both civil and criminal simulation problems that gradually scale in complexity. [1, 2]
The main topics and structural components covered in the 10th edition include:
1. Jury Selection (Voir Dire)
  • Techniques for questioning prospective jurors.
  • Exercising peremptory challenges and challenges for cause.
  • Civil case problems: Involving automobile negligence, products liability, medical malpractice, and wrongful death.
  • Criminal case problems: Involving armed robbery, criminal sexual assault, tax evasion, and murder. [1]
2. Opening Statements
  • Structuring the opening narrative.
  • Effective storytelling techniques and managing theme and theory.
  • Navigating legal boundaries (avoiding improper argument or speculation). [1, 2, 3]
3. Direct and Cross-Examination
  • Forming non-leading and leading questions properly.
  • Laying foundations for conversations and telephone calls.
  • Refreshing a witness's recollection and handling past recollection recorded.
  • Eliciting testimony from specific witness roles (e.g., alibi witnesses, police officers, victims, and accident investigators).
  • Utilizing stipulations and requesting judicial notice. [1, 2]
4. Exhibits and Demonstrative Evidence
  • Foundations and mechanics for introducing physical and documentary evidence.
  • Real evidence: Weapons (guns, knives), physical objects, and laboratory samples.
  • Visuals: Photographs of crime/accident scenes, anatomical diagrams, maps, and summary charts.
  • Documents: Business records, contracts, checks, promissory notes, and electronic correspondence. [1]
5. Impeachment and Rehabilitation
  • Impeaching witnesses with prior inconsistent oral or written statements.
  • Using deposition transcripts, police reports, and grand jury transcripts for cross-examination.
  • Handling witness omissions and bias.
  • Techniques for rehabilitating a witness through redirect examination. [1]
6. Expert Witnesses
  • Laying the foundation to qualify an expert witness in court.
  • Direct and cross-examination of treating physicians, medical examiners, economists, psychiatrists, and forensic analysts.
  • Using authoritative treatises to impeach or challenge an expert's testimony. [1]
7. Advanced Direct and Cross-Examination (Complex Case Files)
  • Multi-witness trial files that demand advanced litigation strategies.
  • Civil scenarios: Vehicle collisions, civil rights violations, theft of trade secrets, breach of contract, and age discrimination.
  • Criminal scenarios: Murder, drug entrapment, financial fraud, armed robbery, bribery, and insider trading. [1]
8. Closing Arguments
  • Synthesizing evidence into a persuasive legal and factual argument.
  • Formulating liability and damages arguments for civil trials.
  • Structuring arguments regarding identification, alibis, and self-defense for criminal trials. [1, 2]
9. Full Trials and Jury Instructions
  • Comprehensive, end-to-end case files for mock trials.
  • Standardized general, civil, and criminal jury instructions.
  • Verdict forms. [1, 2]
What is New to the Tenth Edition (2024 Updates)
If you are comparing this to older versions, the 10th Edition introduces several distinct additions:
  • New Civil Case: A comprehensive dispute file between an oil and gas producer and a landowner.
  • Pretrial Integration: A new semester-long exercise that links pretrial advocacy (discovery/motions) directly into the trial phase.
  • New Historic Trial: A complex simulation based on a real, riotous labor dispute that resulted in dozens of casualties.
  • Modernized Problems: Fully updated digital-age evidentiary problems, focusing on the admissibility of social media posts and police cell phone seizures. [1, 2]

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Topics

Advanced Direct and Cross-Examination (Complex Case Files) Closing Arguments Synthesizing evidence into a persuasive legal and factual argument Criminal case problems: Involving armed robbery Direct and Cross-Examination Forming non-leading and leading questions properly Exercising peremptory challenges and challenges for cause. Exhibits and Demonstrative Evidence Expert Witnesses Laying the foundation to qualify an expert witness in court. Full Trials and Jury Instructions Handling witness omissions and bias. Impeachment and Rehabilitation ivil case problems: Involving automobile negligence Jury Selection (Voir Dire) Techniques for questioning prospective jurors. Navigating legal boundaries (avoiding improper argument or speculation). New Civil Case: A comprehensive dispute file between an oil and gas producer and a landowner. Opening Statements Structuring the opening narrative. Pretrial Integration Real evidence Visuals: Photographs of crime/accident scenes Documents: Business records Using authoritative treatises to impeach or challenge an expert's testimony Utilizing stipulations and requesting judicial notice
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