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Advocacy Excellence: The Jury Trial, Second Edition

Authors
  • Camille M. Abate
  • Kathleen M. Mullin
Series / Aspen Coursebook Series
Teaching Materials
NO
Description
Table of contents
Preface

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Advocacy Excellence: The Jury Trial, Second Edition, teaches students the art and science of 21st Century trial advocacy through the eyes of two seasoned, tenacious, and successful female trial attorneys who bring over 60 years of combined experience to the text. With a sharp and practical focus on how the digital age has changed trial practice, students will gain the ability to successfully advocate in today’s smart courtrooms using electronically stored information, social media, and technology in all phases of trial. This text teaches classic courtroom skills with a modern and spirited tone, using examples from real trials and step-by-step practice guides along with insider tips about the strategy and execution techniques that win trials.

This clear, concise, and easy-to-understand text is organized into three distinct sections:

Part I:Preparation — investigation, preliminary case analysis, developing a case theory, and merging the case theory into the actual trial

Part II:Practice — techniques and advice that provide simple steps to successful jury selection, openings, direct and cross examination, impeachment, cross of special witnesses, and summation

Part III:Strategy — navigating the courtroom, how to admit or oppose evidence at trial, objections, and the end game of jury deliberation.

Learn the law, ethics, and strategy of trial advocacy with step-by-step instructions and useful chapter ending process guides and infographics to reinforce skills.

Professors and students will benefit from:

  • Question-and-answer examples in every chapter teach students how to ask strategic and purposeful questions during jury selection, depositions, pretrial hearings, direct examination, cross examination, impeachment, and the admitting or opposing of evidence.
  • Illustrations and charts demonstrate how to create various proof matrices, timelines, witness statement charts, transcript keys, and how to structure opening, direct, and cross examination.
  • Sidebars highlight practice tips, legal ethics, and cautions
  • Why This Works sidebars explain why skills or methods are used in practice
  • Timely coverage of the role of social media includes emojis as evidence, plus how to authenticate social media and other electronic or digital evidence at trial.
  • Reference sheets designed for use in both an academic, experiential setting and the first years of practice as a trial lawyer.
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Table of Contents
Summary of Contents

Contents 
Preface 


PART I: PREPARATION 
1. Investigation of the Facts
2. Preliminary Case Analysis 
3. Creating a Theory of the Case 
4. Trial in a Box: Mobilizing the Case Theory 

PART II: PRACTICE
5. Selecting the Right Jury for Your Theory
6. How to Craft a Winning Opening 
7. Crafting the Direct Examination
8. The Art and Science of Cross Examination 
9. How to Impeach with Power and Precision 
10. Special Witnesses 
11. Closing Argument (Or Summation) 

PART III: STRATEGY 
12. Courtroom Dynamics 
13. Advocacy Through Objections
14. Introducing Evidence at Trial
15. Using and Opposing Social Media Evidence 
16. The End Game: After You Close, What Next? 

Index
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Professor Materials
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About the authors
Camille Abate

Camille M. Abate has successfully litigated complex cases in numerous state and federal venues, including New York, New Jersey, North Carolina, Florida, Maryland, Virginia, the District of Columbia, and Nevada, on both the trial and appellate levels. She regularly consults with attorneys across the U.S. and internationally. She has also been recognized for her exemplary advocacy in proceedings before administrative agencies such as the Merit Systems Protection Board and the National Labor Relations Board.

Ms. Abate is known for her willingness to take on seemingly unwinnable cases and win them. She began her career in 1983 with the Legal Aid Society in Brooklyn, New York, where she quickly rose to prominence, winning dozens of hotly contested jury trials. After honing her trial skills, she opened the firm of Abate & Preuss, where she stood out as one of the few female named partners who actively tried cases to juries. In her first federal jury trial, just months after opening her private practice, she won a complete acquittal against the Bureau Chief of the U.S. Attorney's Organized Crime Control Bureau in the Southern District of New York.

Camille M. Abate is also an extraordinary teacher of trial advocacy. In addition to teaching Trial Advocacy and the Advanced Criminal Practice Seminar at Brooklyn Law School, Ms. Abate runs the Foundation for Excellence in Trial Advocacy, an ongoing training and consulting entity established to assist both practicing trial lawyers and law firm associates in honing their trial skills. She has also written an innovative trial advocacy textbook entitled Advocacy Excellence: The Jury Trial, released in February 2020 by Aspen Publishing. This book includes not just standard trial skills but also the latest 21st-century advances in litigation, specifically the rise of social media and texting and their impact on e-discovery and proof at trial, making this book a must-read for practicing trial lawyers as well as students.

Kathleen Mullin

From the halls of state and federal courthouses, to law school lecture halls and classrooms, to military courts martial, Professor Mullin brings a dogged pursuit of excellence to everything she does. Kathleen M. Mullin is a graduate of Boston University School of Law and began her career in 1992 as a public defender in the City of New York. She quickly earned a reputation as a sharp, aggressive, and relentless trial attorney.

After nearly 20 years as a public defender, Ms. Mullin opened the Mullin Law Firm, where she grew her reputation as one of the only high-profile female criminal defense lawyers in New York City. Known for her inventive advocacy, Ms. Mullin became a sought-after legal analyst, making dozens of appearances on local and national television, and professor of trial advocacy on adjunct faculty at Seton Hall University School of Law.

Over the course of her career, she served as CEO of two legal, non-profit agencies, including one working exclusively on death penalty trials, and has supervised and trained hundreds of attorneys in civil, criminal, and military practice. As the inaugural Director of the Criminal Justice Program at the University of St. Joseph in West Hartford, Connecticut, Ms. Mullin created and taught such innovative courses as The Serial Killer Handbook and Restorative Justice Theory.

In 2020, she co-authored and published her first law school textbook, Advocacy Excellence: The Jury Trial. She is currently serving as the US Navy Defense Service Organization Highly Qualified Expert for criminal defense practice, where she teaches, trains, and supervises military defense lawyers who are defending sailors, Marines, and Coast Guard members charged with crimes under the Uniform Code of Military Justice.

Product Information
Edition
Second Edition
Publication date
2024-09-15
Copyright Year
2024
Pages
476
Connected eBook with Study Center + Paperback
9798889061588
Connected eBook with Study Center (Digital Only)
9798889061601
Subject
Trial Practice
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