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Anatomy of a Trial. Volume V, Trying Cases to Win. Description
(3900 characters maximum): Originally published: New York: Aspen
Publishers, 1999. Reprinted 2013 by The Lawbook Exchange, Ltd.
xviii, 584 pp. The trial process is the sum of its parts-opening
argument, direct and cross examination, and summation. In Trying
Cases to Win, nationally known trial lawyer Herbert J. Stern
provides an overall blueprint for conduct in the courtroom as he
guides the reader through each of these segments. Rather than a
collection of anecdotal war stories from various trials, Stern
outlines the nuts and bolts of the right-and wrong-approach,
processes and strategies for every component needed for trial
success. Each volume is available separately.
In this volume, Anatomy of a Trial, Stern and his co-author,
Stephen A. Saltzburg, bring the principles of the other volumes in
the Trying Cases to Win series into action. They offer a
line-by-line review of all of the parts of a trial while looking at
the importance of emotion in the decision process and its
relationship to the facts presented. This detailed analysis, from
the viewpoints of the attorney and the jury, demonstrates good and
bad advocacy in every stage of the trial.
Contents:
1. Opening Instructions;
2. The Opening Arguments;
3. The First Witness;
4. The Second Witness: Nick Craggs;
5. The Sweeney Deposition;
6. The First of "The Blues" Witnesses: Brian Sullivan;
7. The Alleged Villain: Helen Hardy;
8. Concluding the Plaintiff's Case and Motions;
9. The Defendant's First Witness: Mr. Maresca;
10. The Trustee Witnesses;
11. Ms. Hardy Returns;
12. The Ruling on Defendants' Motion;
13. Ms. Hardy Continues and the Defense Rests;
14. Final Motions, Closing Argument, and Verdict;
15. Epilogue;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a
highly regarded trial lawyer and accomplished teacher of trial
techniques. A partner and founding member in the New Jersey law
firm of Stern & Kilcullen, Stern is a former Federal Judge,
having served as United States district judge for the District of
New Jersey from 1974 to 1987. He established his reputation as an
advocate while serving as a trial attorney with the Organized Crime
and Racketeering Section of the United States Department of Justice
from 1965 to 1969 and as United States attorney for the District of
New Jersey from 1970 to 1974 when he won a national reputation for
unprecedented convictions of numerous public officials. He was
founder and Co-Director of the Advocacy Institute at the University
of Virginia School of Law from 1980 to the present. He was Special
Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra
Prosecution, 1988. Judge Stern was the subject of the book, Tiger
in the Court (Chicago: Playboy Press, 1973). He is the author of
Judgment in Berlin (New York: Universe Books, 1984) which was made
into a major motion picture with Sean Penn, and Martin Sheen
playing Judge Stern; and, most recently, Diary of a DA: The True
Story of the Prosecutor Who Took On the Mob, Fought Corruption, and
Won (New York: Skyhorse Publishing, 2012). Review 1 (3900
characters maximum): ... a crowning achievement in a career devoted
to helping all lawyers, from beginners to veterans, become more
knowledgeable in the art of advocacy. Source: -- Arthur J.
Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY
Summation. Volume IV, Trying Cases to Win. Description (3900
characters maximum): Originally published: New York: Aspen
Publishers, 1995. Reprinted 2013 by The Lawbook Exchange, Ltd.
xviii, 448 pp. The trial process is the sum of its parts-opening
argument, direct and cross examination, and summation. In Trying
Cases to Win, nationally known trial lawyer Herbert J. Stern
provides an overall blueprint for conduct in the courtroom as he
guides the reader through each of these segments. Rather than a
collection of anecdotal war stories from various trials, Stern
outlines the nuts and bolts of the right-and wrong-approach,
processes and strategies for every component needed for trial
success. Each volume is also available separately.
In this volume, Summation, Stern describes how to prepare and
deliver a successful summation that will provide the jury with the
final points of the argument.
Contents:
1. Two Modern Views of Summation;
2. The Purpose of Summation;
3. Preparing and Delivering a Summation;
4. Edward Bennett Williams Closes;
5. Judicial Instructions;
6. Ending the Summation;
7. Organizing the Argument;
8. Applications of the Principles to a Case: Colonial, Part I;
9. Do Not Equivocate;
10. Applications of the Principles to a Case: Colonial, Part II;
11. Do Not Answer Attacks-Attack;
12. Applications of the Principles to a Case: Colonial, Part III;
13. Postscript: Colonial's Final Lesson;
14. Impermissible Arguments;
15. damages;
16. Conclusion;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a
highly regarded trial lawyer and accomplished teacher of trial
techniques. A partner and founding member in the New Jersey law
firm of Stern & Kilcullen, Stern is a former Federal Judge,
having served as United States district judge for the District of
New Jersey from 1974 to 1987. He established his reputation as an
advocate while serving as a trial attorney with the Organized Crime
and Racketeering Section of the United States Department of Justice
from 1965 to 1969 and as United States attorney for the District of
New Jersey from 1970 to 1974 when he won a national reputation for
unprecedented convictions of numerous public officials. He was
founder and Co-Director of the Advocacy Institute at the University
of Virginia School of Law from 1980 to the present. He was Special
Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra
Prosecution, 1988. Judge Stern was the subject of the book, Tiger
in the Court (Chicago: Playboy Press, 1973). He is the author of
Judgment in Berlin (New York: Universe Books, 1984) which was made
into a major motion picture with Sean Penn, and Martin Sheen
playing Judge Stern; and, most recently, Diary of a DA: The True
Story of the Prosecutor Who Took On the Mob, Fought Corruption, and
Won (New York: Skyhorse Publishing, 2012). Review 1 (3900
characters maximum): ... a crowning achievement in a career devoted
to helping all lawyers, from beginners to veterans, become more
knowledgeable in the art of advocacy. Source: -- Arthur J.
Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY
Cross-Examination. Volume III, Trying Cases to Win. Description
(3900 characters maximum): Originally published: New York: Aspen
Publishers, 1993. Reprinted 2013 by The Lawbook Exchange, Ltd.
xviii, 450 pp. The trial process is the sum of its parts-opening
argument, direct and cross examination, and summation. In Trying
Cases to Win, nationally known trial lawyer Herbert J. Stern
provides an overall blueprint for conduct in the courtroom as he
guides the reader through each of these segments. Rather than a
collection of anecdotal war stories from various trials, Stern
outlines the nuts and bolts of the right-and wrong-approach,
processes and strategies for every component needed for trial
success. Each volume is available separately.
In this volume, Cross-Examination, Stern shows how to argue a case
through opposition witnesses, convert the information provided on
direct examination to the benefit of the cross-examiner's case, and
limit the direct testimony so it is not detrimental.
Contents:
1. Introduction;
2. The Methods of Cross-Examination;
3. The Three Techniques of Cross-Examination;
4. Controlling the Witness under Cross-Examination;
5. The First Great Tool of Cross-Examination-Impeaching Material;
6. Applications of the Principles to Cases;
7. United State v. Weber;
8. The Second Great Tool of Cross-Examination-The Rules and Laws of
Probability;
9. The Case of Queen Caroline;
10. Cross-Examination Should Not Avoid the Central Issue of the
Case;
11. Edward Bennett Williams Cross-Examines;
12. Credibility Attacks;
13. The Order and Organization of Cross-Examination;
14. The Triangle Shirtwaist Fire Case;
15. Conclusion;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a
highly regarded trial lawyer and accomplished teacher of trial
techniques. A partner and founding member in the New Jersey law
firm of Stern & Kilcullen, Stern is a former Federal Judge,
having served as United States district judge for the District of
New Jersey from 1974 to 1987. He established his reputation as an
advocate while serving as a trial attorney with the Organized Crime
and Racketeering Section of the United States Department of Justice
from 1965 to 1969 and as United States attorney for the District of
New Jersey from 1970 to 1974 when he won a national reputation for
unprecedented convictions of numerous public officials. He was
founder and Co-Director of the Advocacy Institute at the University
of Virginia School of Law from 1980 to the present. He was Special
Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra
Prosecution, 1988. Judge Stern was the subject of the book, Tiger
in the Court (Chicago: Playboy Press, 1973). He is the author of
Judgment in Berlin (New York: Universe Books, 1984) which was made
into a major motion picture with Sean Penn, and Martin Sheen
playing Judge Stern; and, most recently, Diary of a DA: The True
Story of the Prosecutor Who Took On the Mob, Fought Corruption, and
Won (New York: Skyhorse Publishing, 2012). Review 1 (3900
characters maximum): ... a crowning achievement in a career devoted
to helping all lawyers, from beginners to veterans, become more
knowledgeable in the art of advocacy. Source: -- Arthur J.
Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY
Direct Examination. Volume II, Trying Cases to Win. Description
(3900 characters maximum): Originally published: New York: Aspen
Publishers, 1992. Reprinted 2013 by The Lawbook Exchange, Ltd. xv,
457 pp. The trial process is the sum of its parts-opening argument,
direct and cross examination, and summation. In Trying Cases to
Win, nationally known trial lawyer Herbert J. Stern provides an
overall blueprint for conduct in the courtroom as he guides the
reader through each of these segments. Rather than a collection of
anecdotal war stories from various trials, Stern outlines the nuts
and bolts of the right-and wrong-approach, processes and strategies
for every component needed for trial success. Each volume is also
available separately.
In this volume, Direct Examination, Stern provides a variety of
direct examination techniques, using transcripts from a variety of
cases.
Contents:
1. Introduction;
2. The Purpose of Direct Examination: To Argue Your Case;
3. Edward Bennett Williams Introduces His Witnesses;
4. Witness Preparation and Delivery of the Testimony;
5. Applications of the Principles to Cases;
6. The Bank of the United States Case;
7. Exhibits;
8. Making a Witness Invulnerable to Cross-Examination;
9. The Ultimate Protection is to Prevent Cross-Examination;
10. The City of Newark Case;
11. Conclusion;
Appendix A: The Bank of the United States Case-Excerpt of Direct
Examination;
Appendix B: The Bank of the United States Case-Excerpt of
Cross-Examination;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a
highly regarded trial lawyer and accomplished teacher of trial
techniques. A partner and founding member in the New Jersey law
firm of Stern & Kilcullen, Stern is a former Federal Judge,
having served as United States district judge for the District of
New Jersey from 1974 to 1987. He established his reputation as an
advocate while serving as a trial attorney with the Organized Crime
and Racketeering Section of the United States Department of Justice
from 1965 to 1969 and as United States attorney for the District of
New Jersey from 1970 to 1974 when he won a national reputation for
unprecedented convictions of numerous public officials. He was
founder and Co-Director of the Advocacy Institute at the University
of Virginia School of Law from 1980 to the present. He was Special
Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra
Prosecution, 1988. Judge Stern was the subject of the book, Tiger
in the Court (Chicago: Playboy Press, 1973). He is the author of
Judgment in Berlin (New York: Universe Books, 1984) which was made
into a major motion picture with Sean Penn, and Martin Sheen
playing Judge Stern; and, most recently, Diary of a DA: The True
Story of the Prosecutor Who Took On the Mob, Fought Corruption, and
Won (New York: Skyhorse Publishing, 2012). Review 1 (3900
characters maximum): ... a crowning achievement in a career devoted
to helping all lawyers, from beginners to veterans, become more
knowledgeable in the art of advocacy. Source: -- Arthur J.
Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY
Voir Dire and Opening Argument. Volume I, Trying Cases to Win.
Description (3900 characters maximum): Originally published: New
York: Aspen Publishers, 1991. Reprinted 2013 by The Lawbook
Exchange, Ltd. xv, 685 pp. The trial process is the sum of its
parts-opening argument, direct and cross examination, and
summation. In Trying Cases to Win, nationally known trial lawyer
Herbert J. Stern provides an overall blueprint for conduct in the
courtroom as he guides the reader through each of these segments.
Rather than a collection of anecdotal war stories from various
trials, Stern outlines the nuts and bolts of the right-and
wrong-approach, processes and strategies for every component needed
for trial success. Each volume is also available separately.
In this volume, Voir Dire and Opening Argument, Stern describes
tactics for the voir dire process and the construction and delivery
of a successful opening to lay the foundation for the overall
argument.
Contents:
1. Introduction;
2. Rule I: Personal Advocacy;
3. Rule II: One Central Theme;
4. Rule II: Make the Case Bigger than its Facts;
5. The Four Laws: Primacy, Recency, Frequency and Vividness;
6. Opening Argument-Not Opening Statement;
7. Problems to Confront in Openings;
8. The Form of the Opening;
9. Final Considerations for Opening;
10. Edward Bennett Williams Opens;
11. Openings in Nonjury Trials;
12. Applications of the Principles to a Case;
13. The Colonial Pipeline Case;
14. Jury Voir Dire;
15. Voir Dire in Two Actual Cases;
16. Conclusion,
Appendix A: United States v. Weber-Opening for the Government;
Appendix B: United States v. Weber-Opening for the Defense;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a
highly regarded trial lawyer and accomplished teacher of trial
techniques. A partner and founding member in the New Jersey law
firm of Stern & Kilcullen, Stern is a former Federal Judge,
having served as United States district judge for the District of
New Jersey from 1974 to 1987. He established his reputation as an
advocate while serving as a trial attorney with the Organized Crime
and Racketeering Section of the United States Department of Justice
from 1965 to 1969 and as United States attorney for the District of
New Jersey from 1970 to 1974 when he won a national reputation for
unprecedented convictions of numerous public officials. He was
founder and Co-Director of the Advocacy Institute at the University
of Virginia School of Law from 1980 to the present. He was Special
Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra
Prosecution, 1988. Judge Stern was the subject of the book, Tiger
in the Court (Chicago: Playboy Press, 1973). He is the author of
Judgment in Berlin (New York: Universe Books, 1984) which was made
into a major motion picture with Sean Penn, and Martin Sheen
playing Judge Stern; and, most recently, Diary of a DA: The True
Story of the Prosecutor Who Took On the Mob, Fought Corruption, and
Won (New York: Skyhorse Publishing, 2012). Review 1 (3900
characters maximum): ... a crowning achievement in a career devoted
to helping all lawyers, from beginners to veterans, become more
knowledgeable in the art of advocacy. Source: -- Arthur J.
Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY
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