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How to Prepare for Your First Mock Trial

Jonathan Leach LLC

Then, clarify the burden of proof for each side. Plan your direct and cross-examinations of witnesses. Collectively Discuss the Case After you’ve gathered all your notes, come together with your team to collectively identify the case elements so everyone is on the same page and understands the case framework.

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POLARIZE THE CASE

Temple University Beasley School of Law - Advocacy

In one iteration of his “Ten Commandments” lecture on cross-examination, the famed advocacy teacher Irving Younger posited that ‘less is more.’ How could a closing not regurgitate the facts, discuss the law and the burden of proof, and anticipate and debunk the opposing party? That was his closing in its entirety.

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Defense Lawyer REFUSES to Make Opening Arguments at Beginning of Medical Malpractice Trial. Can He Do That?

Gerry Oginski's New York Legal Blog

In law we call that 'the burden of proof' You're accusing your doctor of malpractice. Show your proof. They could sit back and simply cross-examine each witness you put on. The defense lawyer is relying on his cross examination techniques to try and destroy each witness' credibility. (As

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

Another judge, likewise citing Daubert , might admit the opinion because "[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence." 579, 589 (1993). at 596 (emphasis added).