Term
| cross examination is last |
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Definition
| because this prep cannot be focused until you know what your theory of the case is, what themes and labels you will use and what the key factual disputes at trial will be |
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Term
| preparing opening and closing |
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Definition
work backwards; plan closing first which will help you get the big picture
closing must
1. win the war over the high ground
2. win the war over the disputed facts
will tell you what to emphasize, what to cover lightly or not at all; if not important enough to mention during closing, probably not important enough to cover during other stages either |
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Term
| how to prepare your theory of the case |
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Definition
1. review elements of each claim or defense and prepare jury instructions
2. analyze how you intend to prove or disprove each of those elements through admissible evidence
3. analyze contradictory facts that your opponent has to determine key issues to be disputed at trial
4. research all possible evidentiary issues |
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Term
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Definition
| outline each element of the claim; itemize elements of each claim and the source of proof for each claim (whether witnesses, exhibits, pleadings etc.) |
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Term
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Definition
| list points you intend to make and only take notes during direct exam on paper next to those points |
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