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Prep and Trial of Tort Claims

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Words out loud with an audience. Exhibits so you do not fumble around ... Use uncontested Big Boards. Write this in time to give it to 10 friends before its final. ... – PowerPoint PPT presentation

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Title: Prep and Trial of Tort Claims


1
(No Transcript)
2
Prep and Trial of Tort Claims
  • A brief review of Chapter 11.
  • I. Introduction
  • II. Finding Out What Happened
  • III. Final Preparation
  • IV. Trying the Case

3
Prep and Trial of Tort Claims
  • Other Stuff You Need To Know
  • Practice
  • Words out loud with an audience
  • Exhibits so you do not fumble around
  • Short hand evidentiary arguments (have a list of
    expected issues, with rule cites).
  • Mental or physical list of regular objections

4
Prep and Trial of Tort Claims
  • Hypervigilant over-preparer
  • Strengths
  • Discovery process
  • Development of methods and procedures
  • Can drill down through an issue with multiple
    pieces of evidence
  • Weaknesses
  • Bogs down in details scared to miss something
  • Forgets obvious, makes difficult but right
    arguments
  • Knows too much to say this is the way that it
    is.

5
Prep and Trial of Tort Claims
  • Litigation Logjam
  • Stand up and shoot from the hip
  • Strengths
  • Can rapidly assimilate large bodies of evidence
    and discard what is not useful to the case.
  • Hammers on strengths
  • Sees game to win, not quest for perfect truth.
  • Weaknesses
  • Uninterested in long process of gathering
    evidence.
  • Can be caught unprepared or in obvious
    inconsistencies.
  • Less strong on appeal or researched briefing.

6
Prep and Trial of Tort Claims
  • Litigation Logjam

Stand up and shoot from the hipper
Hypervigilant over-preparer
IM TRAPPED HOW DO I GET OUT?
7
Prep and Trial of Tort Claims
  • Litigation Logjam
  • Unified Solution Big Board Exhibits (Use
    Powerpoint, then blow up).

8
Exhibit C, Richard Walker Survey
9
Whats the point?
  • The pier crosses the line.

10
Courtesy of our friends at www.cargolaw.com
11
Prep and Trial of Tort Claims
  • Chapter 11.
  • I. Introduction
  • II. Finding Out What Happened
  • III. Final Preparation
  • IV. Trying the Case

12
Whats the point?
  • Someone violated the duty to maintain an adequate
    lookout.

13
  • From Kathleen XXXXXXX Sent Monday, April 16,
    2007 405 PMTo 'James'Cc 'kristy
    krigbaum'Subject FW redesign
  • Bob
  •  
  • I think you guys are working form the wrong
    master.  This is the master that you should be
    working from.
  • From James mailtoraticalgraphics_at_sbcglobal.net
    Sent Friday, March 16, 2007 832 AMTo
    Kathleen XXXXXXXSubject redesign
  •  

14
Whats the point?
  • To understand an email discussing an attachment,
    you need to create an exhibit that shows both.

15
Prep and Trial of Tort Claims
  • Chapter 11.
  • II. Finding Out What Happened
  • Investigation (field walks, day-in-the life
    videos).
  • Go outside, its fun!
  • If you need someone to be able to testify about
    observations, send an appropriate investigator
    with a camera.
  • Keep an eye on the prize big board exhibits for
    the case.

16
Prep and Trial of Tort Claims
  • Chapter 11.
  • IV. Trying the Case
  • Go Big Board, Big Picture, Simple Theme you
    know 100,000 times more than the jury or the
    judge, and they dont have 2 years to learn.
  • People tend to ignore evidence that does not fit
    in their expectations hit the high points.

17
Prep and Trial of Tort Claims
  • Chapter 11.
  • IV. Trying the Case
  • Opening Statement
  • This is what happened a story (especially
    Plaintiff)
  • Here are the holes in the story, here is what is
    missing. (especially Defendant).
  • SEIZE THE LANGUAGE (NAME TOUGH CONCEPTS)
  • Use uncontested Big Boards.
  • Write this in time to give it to 10 friends
    before its final.

18
Prep and Trial of Tort Claims
  • What You Need To Know
  • IV. Trying the Case
  • Direct Examinations
  • Try to get in all evidence that helps you do not
    be afraid to have a judge rule against you.
  • The more you try to get in, the more that you
    will get in, and the less any denial will hurt.
  • For important and contested evidence, try to come
    up with multiple ways to get it in. Try, try
    again.

19
Prep and Trial of Tort Claims
  • Closing Arguments
  • Judges are persuaded by the same things that
    jurors are visual aids, discussion of the
    credibility of the evidence, an understanding
    based on common sense, and an appeal to a
    rational understanding of what really happened.
  • ABA Journal, June, 2002.
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