Trial Skills Final Exam, Ch. 1

Front 1

six factors influencing outcome of trial

Back 1

1. connect with jury by skills and ideas (emotional chord)
2. bad facts, argue the law. bad law, argue facts
3. witnesses bring facts to life
4. jurors influenced by likability of P and D
5. jurors influenced by judge's demeanor
6. jurors influenced by their feelings toward attorney (you)

Front 2

8 qualities of great trial lawyers

Back 2

1. use their personal style
2. tell a compelling story
3. see case through jurors' eyes
4. is prepared
5. adopts attitude that less is more (rule of 3)
6. maintains integrity about weaknesses of case (common sense)
7. argues case with passion
8. show charisma

Front 3

how to tell a compelling story

Back 3

1. have a powerful beginning (first impressions make lasting impressions)
2. create memorable moments (jurors process and retain information best if it's a story)
3. develop a great theme (persuasive mechanism for bringing the jury to your side)

Front 4

primacy, recency, frequency

Back 4

primacy - remember best what happens first
recency - remember best what happens last (the middle is wishy washy)
frequency - pound your theme into their heads with repetition

Front 5

rule of three

Back 5

less is more
opening statement: 3 important ideas
witness testimony: 3 important facts
cross examination: 3 important topics

Front 6

bench trial tips

Back 6

still important to use visual aids and persuasive themes
tailor argument to a more (legally) sophisticated audience

Front 7

6 items that need to happen at a pretrial conference

Back 7

1. make efforts to resolve the case
2. establish number of witnesses each side expects to call and the length of time the testimony is expected to last
3. report any scheduling problems
4. address outstanding evidentiary issues
5. address any unresolved motions
6. raise any important objections

Front 8

voir dire

Back 8

process in which court and attorneys question potential jurors to determine their views on the issues in the case

Front 9

a trial, outlined

Back 9

- P puts on case in chief, cross-examination by D, redirect, rests
- D moves to dismiss case (directed verdict in civil)
- motion denied, D puts on case, rests
- P may ask ct to put on rebuttal evidence
- P closes, D closes
- ct instructs jury re governing law

Front 10

trial notebook

Back 10

contains
- contact info, tasks
- important pleadings and ct orders
- chronology
- discovery materials
- pretrial materials
- trial materials
- important exhibits and research