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From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business\/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering.     The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party’s social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.\u003c\/div\u003e","brand":"Aspen Publishing","offers":[{"title":"Print","offer_id":46866181259544,"sku":"9781601564351","price":146.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0687\/3566\/4408\/files\/o_63ed9d7c-6924-4dc8-bc6c-f5f5a08172d2.jpg?v=1787721644"},{"product_id":"nita-oliver-facts2","title":"Facts Still Can't Speak for Themselves: Reveal the Stories that Give Facts their Meaning, Second Edition","description":"\u003cdiv\u003eToday, most trial lawyers and consultants accept the fact that all legal decision makers decide cases by first making up their own version of the case story. Yet, few have yet to fully adjust their practices to meet the demands of that reality. Facts Still Can’t Speak for Themselves offers specific methods for trial professionals to increase their reach into the full range of potential stories decision makers can construct (and will construct) during any single case, and then shows you how to refine those stories into the one most compelling presentation for any legal decision maker to judge, in any legal decision-making venue. What you’ll find inside:     * How the stories decision makers imagine affect verdicts as much as their backgrounds and beliefs or the attorney’s presentation in court  * Which focus group method reveals the real range of stories decision makers can build from your case  * How to profitably apply focus group results in negotiations and mediation equally well as in trials  * How to run voir dire like a focus group (and a focus group like voir dire) improving both in the processand how to avoid common misleading mistakes   * How focus group deliberations are the least valuable part of the process   * How asking focus group participants which side in a case they “like” could be a major mistake  * Why you should think twice before ever again asking a “why” question or using the word “any” during voir dire or in focus groups  * How to establish immediate rapport with decision makers and to manage how they build their perceptions of your client’s case storyin time to affect their final judgments  In this new edition, Eric Oliver dives deeply into cutting-edge research in communication, human judgment, perception, and influence and breaks down the process of turning theoretical abstractions into effective persuasive practices that help legal decision makers hearand seethe case story from your client’s point of view. Each chapter is now supplemented with some of the most relevant developments in the science of decision making, as well as with the decade of additional experience Eric has acquired working with trial lawyers and their clients since the first edition was published in 2005.\u003c\/div\u003e","brand":"Aspen Publishing","offers":[{"title":"Print","offer_id":46866181390616,"sku":"9781601564399","price":146.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0687\/3566\/4408\/files\/o_7ac2ddac-2d7c-4201-a9d0-9ef1ae1320d0.jpg?v=1787721644"},{"product_id":"nita-rose-fitzgerald5","title":"Fitzgerald v. Nita and Western Railroad: Case File, Fifth Edition","description":"\u003cdiv\u003eJohnny Fitzgerald died after his vehicle collided with a train. Was Johnny at fault? Did he intentionally drive is car into the train? Or was the railroad negligent in not providing adequate warnings at the crossing and in the operation of the train? 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The intrigue grows when it is revealed that one of the witnesses against Jackson has a serious axe to grind that could be clouding her vision. \u003c\/p\u003e\n\u003cp\u003e This entertaining file presents a well-balanced case that can be also tried as a condensed or an advanced experience. \u003c\/p\u003e\n\u003cp\u003e\u003cb\u003eNew to the Eleventh Edition:\u003c\/b\u003e\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003e Electronic media exhibits \u003c\/li\u003e\n\u003cli\u003e Sparky the arson dog \u003c\/li\u003e\n\u003cli\u003e New financial parameters \u003c\/li\u003e\n\u003c\/ul\u003e\n\u003cp\u003e\u003cb\u003eProfessors and students will benefit from:\u003c\/b\u003e\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003e Video depositions \u003c\/li\u003e\n\u003cli\u003e The flexibility to use this file as either a brief or an extended exercise \u003c\/li\u003e\n\u003cli\u003e Experiential learning opportunities \u003c\/li\u003e\n\u003cli\u003e Impeachment exercises \u003c\/li\u003e\n\u003c\/ul\u003e\n\u003c\/div\u003e","brand":"Aspen Publishing","offers":[{"title":"Print","offer_id":46866191089944,"sku":"9781601569462","price":74.0,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0687\/3566\/4408\/files\/o_913b404c-5e57-4fde-8428-94284e8bd18e.jpg?v=1787721738"}],"url":"https:\/\/aspenpublishing.com\/collections\/nita.oembed?page=8","provider":"Aspen Publishing","version":"1.0","type":"link"}