Defendant Reginald McKay, a mentally disturbed American who became a "home-grown" Islamic terrorist, poisoned members of a Jewish temple during Passover seder. After one of the poisoned congregants died, the Feds got a lucky break thanks to an eyewitness and modern computer forensics and quickly built a death penalty case against McKay. Newton's case file, United States v. McKay, is built around the tragic story of McKay and his victims and includes twenty advocacy exercises from all major stages of a criminal case. Each of these twenty exercises will introduce a wrinkle-involving a constitutional challenge to procedures or evidence-that students then analyze through the lens of the Supreme Court's decisions in landmark criminal procedure cases such as Batson v. Kentucky, Jackson v. Virginia, and United States v. Cronic, among others. Taken as a whole, these exercises track the maneuverings of a complex criminal defense and prosecution, starting with pretrial motions; continuing through jury selection, trial, and sentencing; and concluding with postconviction motions. An instructor using Trial Advocacy in Action may, as desired, direct students either to prepare short written pleadings or to practice oral advocacy in support of their legal arguments. This fusion of factually compelling scenarios and intellectually challenging legal doctrines creates a robust learning experience that seeks to hone students' skills regarding both legal analysis and legal advocacy concerning constitutional issues that arise throughout the entire course of a criminal case. Trial Advocacy in Action is ideal for use in upper-level criminal procedure classes, law school mock trial competitions, and continuing legal education (CLE) seminars for new criminal practitioners.

Trial Advocacy Basics, Third Edition

"A book on trial advocacy involving the planning, analysis, and strategy of trial advocacy for law students"--

Lawyers use non-trial advocacy skills in court for pre- and post-trial submissions. They are easier to learn than trial advocacy skills, and are much more relevant to the work of most new lawyers. This book examines all key aspects of criminal and civil non-trial advocacy, including bail applications, pleas in mitigation and interim applications made during the course of civil actions. Readers will learn the strategies and techniques of non-trial advocacy through seven realistic case studies: the lawyers involved discuss their strategies and deliver their arguments; the judge makes a decision; and the strengths and weaknesses of the arguments are then analyzed. With this innovative, case study approach to teaching advocacy skills, Non-Trial Advocacy provides an insight into how lawyers think and how they translate their strategies into courtroom action. The book concludes with a discussion of ethical conflicts involved in the practice of advocacy and how these affect the quality of lawyers' work in this field.

From the moment it was released nearly thirty years ago, Modern Trial Advocacy has been the go-to textbook of law professors from coast to coast, offering a sophisticated, theory-driven approach to advocacy training that distinguishes it from all other books in the field. Authors Steven Lubet and J.C. Lore have updated this modern classic by merging it with features of the law school edition, creating an invaluable reference for litigators and trial lawyers at every stage in their career. This all-inclusive edition introduces handy checklists and a chapter on trial basics, as well as new research on juror perception and decision making, cross-examination techniques to use when discovery is limited, and exclusive online materials, including demonstration videos, that will enhance your acquisition of skills. Now that the remote practice of law has become a part of our system of justice, readers will find the skills taught in these pages as applicable to online trial preparation and hearings (and even, perhaps, to the future of trials) as they are in face-to-face litigation. As NITA’s bestselling text since 1993, Modern Trial Advocacy remains the gold standard in advocacy treatises.

Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.

The Fourth Edition of Modern Trial Advocacy: Law School Edition presents a realistic and contemporary approach to learning and developing trial advocacy skills. Dedicated to the law student, the book contains a "Trial Basics" chapter, which discusses what happens in a trial and the role the advocate plays. The Law School Edition has checklists that guide students in their performance. This edition also includes: • a brand new chapter on using electronic visuals and technology in the courtroom; and • new enhanced video content—top NITA faculty demonstrate the core techniques discussed in the book so you can observe and learn these skills in a new way. NITA's best-selling text, Modern Trial Advocacy, has set the standard for trial advocacy texts since 1993. All of NITA's renowned full trial programs use the text, as do prominent law schools nationwide. The authors guide the beginning advocate from developing a winning case theory through all phases of trial, explaining how to present a case as a story, and how to tell the story to the jury powerfully and persuasively.

Volume One?of?Problems and Materials in Evidence and Trial Advocacy?contains two fictional case files, containing material similar to that trial lawyers may have as they approach?trial. The first file is a murder case, where the issue is the identity of the killer and the defendant is?the estranged husband of the victim. The second file is a civil action for defamation brought by a?former employee against her very wealthy employer. Both cases present engaging fact patterns as they introduce lawyers to the rigors of evidence rules. Both raise realistic and challenging issues in the law of evidence and allow for a critical assessment of that law. The cases are designed to raise realistic and?challenging issues in trial theory and practice and in the law of evidence. The book is designed to?be used with?Volume II?of?Problems and Materials, which contains over three hundred problems?in evidence and over sixty exercises in trial advocacy based on the files.? New to the Seventh Edition: MacIntyre case file updated to reflect modern working situation Text message evidence Web page evidence Updated problems that address these newer forms of evidence Professors and students will benefit from: The inclusion of both a criminal and a civil case file, providing opportunities for students to work as prosecutors, defense counsel, and plaintiff’s counsel Engaging fact patterns and evidentiary items More than 300 problems that guide students through multiple evidence scenarios