The Honorable Ralph Adam Fine describes a trial as a battle for your client while the jurors are those whom you must persuade and he describes direct examination as a great engine to get at the truth. This article attempts to untangle how an expert can effectively assist the jury to either understand the evidence or determine a fact in issue. First, the article highlights the expert witness generally by looking at the need for expert testimony and ways to engage a competent expert. Next, the article focuses on managing expert witnesses. Third, the article explores preparing the expert witness by reviewing of testimony, demonstrative exhibits, and ways to frame questions prior to trial. Fourth and finally, this article emphasizes a four-step process to use in the direct examination of wi...
Trial lawyers talk frequently about the importance of "narrative" and "storytelling" techniques to craft a compelling legal story in the courtroom. But nothing can stop a story in its tracks like a terse answer from a witness during direct examination.
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Defendants conviction was not against the manifest weight of the evidence when the greater weight of evidence supported the theory that he had pushed the victim in front of an automobile, causing her serious injury. The defendants recollection was properly refreshed by showing him a videotape of a suppressed interview outside the presence of the jury. The defendant was properly impeached with previously suppressed statements when he had made contradictory statements on direct examination. The jury instructions on causation were proper based on the facts of the case. Judgment affirmed.
The heart of most trials is direct examination, through which you persuade the judge or jury of your case. Of course, it takes two to tango. Even if you are a master orator, your direct examinations will fall flat if you cannot ask non-leading questions that allow you and the witness to advance your theme and evoke interest. Lawyers talented at direct examinations are well prepared, as are their witnesses, and they appreciate technique and how to elicit vivid testimony.
The heart of most trials is direct examination, through which you persuade the judge or jury of your case. Of course, it takes two to tango. Even if you are a master orator, your direct examinations will fall flat if you cannot ask non-leading questions that allow you and the witness to advance your theme and evoke interest. Lawyers talented at direct examinations are well prepared, as are their witnesses, and they appreciate technique and how to elicit vivid testimony.
The paper is aimed at to reconsider, inside a logical approach, some crucial concepts regarding the economic process (system, optimal process, sustainable process, network, and emergence). Based on these concepts (determined by their necessary and sufficient predicates) a new concept - the logically vivid system - is offered and examined also under its necessary and sufficient predicates. In order to get the logical relationships among all the proposed concepts, the author delivers six theorems which are demonstrated in a direct and reversed expression. To indicate the general philosophical framework of the examination, a logical evolution of the praxiological paradigms is presented and commented.
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