Family Law Trial Evidence Handbook

Rules and Procedures for Effective Advocacy


Author: Steven N. Peskind

Publisher: N.A

ISBN: 9781627220033

Category: Law

Page: 383

View: 5809

Being a trial lawyer requires a working knowledge of the rules of evidence. Based upon the author's years of family law practice, this practical handbook is useful for all family law trial lawyers, regardless of whether they practice in a state that uses a variation on the Federal Rules or a common law body of rules on evidence. Topics range from hearsay, authentication of writings, and examination of witnesses to tendering exhibits, procedures for streamlining admission of evidence, and requests to admit facts and genuineness of documents.

Electronic Evidence for Family Law Attorneys


Author: Timothy J. Conlon,Aaron Hughes

Publisher: N.A

ISBN: 9781634255677

Category: Law

Page: 229

View: 7786

Issues of access to and the forensic use of electronic evidence are front and center to our social agenda--and nowhere are those issues more complicated than in family law. Who but a spouse knows your passwords and may share legal title to the accounts that control your family's information? This state-of-the-art book explains the complexities of evidence as well as how to effectively integrate this knowledge into your family law practice. The authors put this information in clear terms for lawyers who must speak about these issues with clients, with expert witnesses who command vast knowledge of the field, and with judges who may have little familiarity with the subject beyond sending and receiving e-mail.

The Military Divorce Handbook

A Practical Guide to Representing Military Personnel and Their Families


Author: Mark E. Sullivan

Publisher: American Bar Association

ISBN: 9781590316580

Category: Law

Page: 639

View: 1301

This new and comprehensive book will give you exactly what you need to understand and comply with the law. It provides an overview of the provisions for the new Bankruptcy Reform Act including new sanctions provisions in Chapter 7 cases; regulation of attorneys as debt relief agencies; heightened requirements for reaffirmation agreements.

The Forensic Accounting Deskbook

A Practical Guide to Financial Investigation and Analysis for Family Lawyers


Author: Miles Mason

Publisher: Amer Bar Assn

ISBN: 9781614380634

Category: Law

Page: 385

View: 2396

Making complex accounting terminology easy to understand, this book provides an introduction to the core financial concepts in divorce, such as asset identification, classification and valuation, income determination, and expenses. In clear, accessible language, this book offers step-by-step guidance while also exploring strategic concerns appropriate for high-asset and high-conflict cases. It connects the dots among the interrelated topics of subpoena practice, accounting, depositions, methodology, financial statements, tax returns, testimony, expert reports, and how to effectively use financial data obtained in discovery.

One Hundred Days Before Trial

A Family Lawyer's Guide to Preparation and Strategy First Edition


Author: Steven N. Peskind

Publisher: N.A

ISBN: 9781634253383

Category: Domestic relations courts

Page: N.A

View: 5869

The Complete Guide to Divorce Practice

Forms and Procedures for the Lawyer


Author: Larry Rice

Publisher: American Bar Association

ISBN: 9781590315538

Category: Law

Page: 797

View: 2740

This book is so easy to use. It is arranged in the natural order of the divorce experience. It starts with the clients, follows through with the interview, proceeds through trial and ends with prenuptial agreements.

How to Examine Mental Health Experts

A Family Lawyer's Handbook of Issues and Strategies


Author: John A. Zervopoulos

Publisher: Amer Bar Assn

ISBN: 9781614388371

Category: Law

Page: 238

View: 9234

Understand and address the array of mental health expert issues in family law cases. Each issue in the book is examined through both the legal and psychological perspectives, providing the tools necessary to develop clear direct examinations, sharpen cross examinations, and compose effective, compelling arguments to the court. Topics range from when experts rely on experts, managing experienced-based testimony, or the purpose of evaluation reports, among many more. These lessons are also useful to attorneys who litigate cases outside of family law.

Evidence and the Advocate: A Contextual Approach to Learning Evidence


Author: Christopher W. Behan

Publisher: LexisNexis

ISBN: 0327175044

Category: Law

Page: 736

View: 6936

Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence. Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.

Model Rules of Professional Conduct


Author: ABA Center for Professional Conduct

Publisher: American Bar Association

ISBN: 9781604425178

Category: Law

Page: 209

View: 6094

The Model Rules of Professional Conduct offers timely information on lawyer ethics. The black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules help lawyers identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the lawyer's relationship with clients, colleagues, and the courts.

Objections at Trial


Author: Edward Imwinkelried,Ronald Carlson,Myron Bright

Publisher: LexisNexis

ISBN: 1601567669

Category: Law

Page: N.A

View: 2432

​Objections at Trial , an invaluable handbook from NITA®, bridges the gap between knowing the rules of evidence and applying them in a judicial setting—and clearly identifies what proposed evidence is subject to exclusion by objection. The updated Eighth Edition provides the reader—judge, lawyer, or law student—with a primer on the fine art of making effective objections to inadmissible evidence.

Trial Fundamentals

A Concise Handbook on the Basics of Courtroom Evidence, Procedure & Tactics


Author: Mark S. Curry

Publisher: N.A

ISBN: 9781533285058


Page: 282

View: 801

Trial Fundamentals is a concise and practical handbook setting forth the nuts and bolts of trying a (non-criminal) case before a jury or the court. It covers not only basic trial procedure and the rules of evidence commonly used in the courtroom, but also explains basic strategies and trial skills necessary to try a case, such as tips on how to select a jury, how to effectively cross-examine and impeach a witness, and strategies for making a persuasive closing argument. Using California's rules of evidence and procedure for reference, the handbook follows the natural progression of a trial from the motions in limine through jury deliberation, and everything in between. Written by a Superior Court judge in California with more than 30 years of courtroom experience, the handbook includes explanation and commentary on the following areas: * In limine motions* Jury selection* Opening statements* Direct examination* Cross-examination* Witness impeachment* Witness rehabilitation* Expert witnesses* Hearsay* Character evidence* Courtroom evidence* Trial objections* Closing argument* Deliberations In addition, the handbook contains numerous "trial tips," practical real-world suggestions by the author concerning courtroom presentation and trial etiquette, not found in other more formal trial treatises. Because a substantial portion of the handbook is devoted to basic trial skills and strategies, and because California's rules of evidence mirror, or are very similar to, many other jurisdictions, the handbook is also useful to practitioners outside California. The handbook is meant to set forth the basic fundamentals of a trial, both procedural and practical, in a concise, and easy-to-follow format. It is an excellent refresher for experienced trial counsel and a good learning resource for the less-experienced and law students learning the trade. For the fundamentals of a criminal trial see Criminal Trial Handbook, also published by the author.

Win Your Case

How to Present, Persuade, and Prevail--Every Place, Every Time


Author: Gerry Spence

Publisher: Macmillan

ISBN: 9781429909013

Category: Law

Page: 304

View: 3440

Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.

Texas Rules of Evidence Manual - Tenth Edition


Author: David A. Schlueter,Jonathan D. Schlueter

Publisher: Juris Publishing, Inc.

ISBN: 1578234514


Page: 1192

View: 4012

Texas Rules of Evidence Manual provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom. This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law." Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate. One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.

Represent Yourself in Court

How to Prepare & Try a Winning Case


Author: Paul Bergman,Sara J. Berman

Publisher: Nolo

ISBN: 141332309X

Category: Law

Page: 552

View: 6619

How to prepare and present a winning civil court case Many disputes are too big for small claims court but too small to justify a lawyer’s fee. Fortunately, if you are willing to learn the courtroom ropes, you can successfully handle your own case from start to finish. Represent Yourself in Court breaks the pretrial and trial process down into easy-to-understand steps. Armed with these clear and thorough instructions, you’ll be well prepared to: file court papers present an opening statement deal with pretrial issues cross-examine hostile witnesses handle depositions make and respond to objections pick a jury if necessary get help from an attorney or legal coach discover, obtain and prepare your evidence deal with the court clerk and judge line up and prepare witnesses Whether you are a plaintiff or a defendant, this book will help you handle a bankruptcy, divorce, landlord-tenant dispute, breach of contract case, small business dispute—or any other civil lawsuit. This new edition is completely updated to include the latest rules and court procedures.

McElhaney's Trial Notebook


Author: James W. McElhaney

Publisher: American Bar Association

ISBN: 9781590315033

Category: Law

Page: 771

View: 7365

"Trial Notebook" offers hundreds of techniques and tactics for every stage of a trial's progress in spare, lively, memorable prose. Users get strategies grounded in actual courtroom experience that will improve the effectiveness of their advocacy.

Settlement Negotiation Techniques in Family Law

A Guide to Improved Tactics and Resolution


Author: Gregg M. Herman

Publisher: Amer Bar Assn

ISBN: 9781614388982

Category: Law

Page: 173

View: 7684

Explaining the most important concepts of divorce settlement negotiation techniques, this well written and logically organized guide is based on the realities of family law practice. It offers reasoned and tested approaches that help practitioners understand the many aspects of negotiation and settlement, from traditional theories to the more specialized and innovative aspects of divorce negotiation, including: the four-way meeting; planned early negotiation; mediation, collaborative and cooperative divorce; ethical issues; preparing for the endgame; and much more.

Mastering The Mechanics Of Civil Jury Trials

A Strategic Guide Outlining The Anatomy Of A Trial


Author: Tyler G. Draa,Doris Cheng,Maureen Harrington,Franklin E. Bondonno

Publisher: Balcony 7 Media and Publishing

ISBN: 1939454441

Category: Law

Page: 298

View: 8156

Every case cited in this legacy law eBook is linked to the source and it also contains over 300 links to statutory authorities for all 50 states, making it suitable for a nationwide audience. These invaluable references are available at the touch of your fingertips as you prepare for, or learn about, critical strategies for key civil trial procedures. Mastering the Mechanics of Civil Jury Trials is THE eBook for law students, practicing attorneys, and all who are interested in law. Written by a veritable dream team of civil litigators, one a sitting judge, and all among the top-rated attorneys in the state of California, it’s endorsed by a Who’s Who of star attorneys, Bar associations, and universities due to the full color of real cases versus the black and white limitations of textbook study. Tyler G. Draa et al. are paying it forward with #LegacyLaw. The sequential mechanics of plaintiff or defendant representation is laid out clearly, with practice and planning in mind, gleaned from decades of real practice, including judicial comments throughout, covering: Reconnaissance; Pre-Trial Management; Voir Dire; Motions; Evidence; Cross and Direct Examination; Settlements; Arguments; and every step in between that should be but is not taught in law schools. Numerous legal references apply, enhanced by exhaustively comprehensive state-by-state Appendices listing statutory rulings covering important aspects of trial, including: Peremptory Challenges; Evidentiary Hearings; Jury Instructions; Computer Animation & Other Simulations; Statutes Mirroring CCP 776; and Impeaching Experts With Learned Treatises. In true pay-it-forward fashion, a portion of author proceeds are designated to continuing education organizations and charitable causes.

The Grammar and Writing Handbook for Lawyers


Author: Lenné Eidson Espenschied

Publisher: Amer Bar Assn

ISBN: 9781616328825

Category: Law

Page: 300

View: 9942

The Grammar and Writing Handbook shows you precisely which rules need to be followed, how to choose the correct words, and the most effective way to structure every sentence to help you compose more persuasive, stronger material that's flawlessly written. The book includes a brief history of the English language, as well as comprehensive information on every thing from singular vs. plural, to composing a legal memorandum.

Fact Investigation

A Practical Guide to Interviewing, Counseling, and Case Theory Development


Author: Paul J. Zwier,Anthony J. Bocchino

Publisher: Ntl Inst for Trial Advocacy

ISBN: 9781556815324

Category: Attorney and client

Page: 223

View: 4344