Re: [tips_and_tricks] File - Reading List 4 Book Reports.txt
- On Aug 2, 2006, at 5:13 AM, firstname.lastname@example.org wrote:
> As I see it, if group members would read law books and write bookThe most helpful law books I've ever read are the laws themselves, with
> reports and post them to the group based on the usable ideas they
> glean from them, not only would the reader benefit, but group members
> as well.
the closest in relevence to me being the Magna Carta, Articles of
Confederation, the constitutions - state (organic and corporate) and
federal, California Rules of Court, California Vehicle Code, California
Penal Code, California Evidence Code, California Code of Civil
Procedure, California Civil Code, Bouvier's Law Dictionary (2 Vol.
edition), Blacks' Law Dictionary 4th Edition (Brown cover), 5th Edition
(to prove intentional deletions), a used 8th grade grammar book from a
garage sale (used to show the requirements of a "statement" - one of
only four types of sentences in the language, yet many are incapable of
making one on their own, without help, which of course is not "the
complainant's complaint" now is it??), and a most useful book on law
I've ever seen besides the lawbooks themselves: "Trial Objections"
(http://www.jamespublishing.com/books/tob.htm). I use them at the IMOC
when possible. Go to that link and read the review writtn better than
I could write one. Notice the topics in bold print. Do most people
even think of all these things just once in their cases?
Aside from these books, the most helpful educational materials I've
personally benefited from are George Gordon's 90-hour law school (even
though I since discovered we both had more to learn, even as we were
winning all our cases!) and Roger Elvick's "Nitty-Gritty Law School".
People figure, "well, that can't be any good because Roger is sitting
in jail". They forget that others are already dead. Today being in
jail means nothing that can produce good conclusions.
And last but not least, the internet has served well in many roles over
the last 25 years. Every argument i've used in court has been tested
online first. The net has brought many with similar interests
One thing I wish it didn't do so well was expose the current level of
competency of Americans to foreigners.
Regarding motion practice: (just my opinion) if you get that far,
you've already lost all the best ways I know how to win, such as
disqualifications, repeated attempts at arraignment with counsel of
your choice, writs of prohibition and mandate, etc. I couldn't even
get close to making a motion for at least 90 days after the IMOC.
Motions (without my even having to know what they are for, or what they
say) transmit certain facts to the record. One fact they confirm is
that of jurisdiction. In "real life" (and my experience is very
limited, I admit) I have yet to see a live case where I was involved or
where I was a witness, where the court had any REAL statutorily
supported jurisdiction to proceed, that was not waived to it either
intentionally (such as by a motion) or unintentionally (such as by
submitting to interrogation).
Regarding "administrative hearings": I think some people are unaware
that when they are under interrogation in the field, they are in an
administrative hearing, albeit informal, undocketed, and off the record
(except whatever record is produced there - such as a signed promise to
appear in a court, which implies a dispute at the hearing that was lost
Who has really tried to win at "the curbstone court" as George Gordon
used to call it? I have covered the hoods of patrol cars with paper
and books! I have called other officers to the scene to testify in
front of their fellow professional witnesses. I take all names and
qualify all ASAP. I know people think I'm "ascerbic" in many of my
posts. Well, part of it is trying to lead by example - in court, you
want to always have the last word, and you always want to win the
argument, EVEN IF YOU ARE WRONG (sometimes you think you are right, you
win, and later you find out that you were wrong)! Sometimes I wish I
didn't have the last word, because I'm always trying to learn something
new. The point is, to win early, you have to be assertive and take
charge as the master over the servant. People lose because they ask
their servants for advice and approval. This sends the message to the
servant that he has the upper hand.
- As moderator and owner of Tips & Tricks for going to court, I would like to see this group pointed more in the direction or practical litigation tactics. When people write in with their problems asking for solutions I would like to see more members of the group be able to offer practical, workable solutions that have a likelihood of success based on first hand study and research instead of old tired research that has been passed around so much it cannot be used in court because it is so far removed from its origin. As I see it, if group members would read law books and write book reports and post them to the group based on the usable ideas they glean from them, not only would the reader benefit, but group members as well. Below is the first list of books I would like group members to check out of the library, buy through Amazon.com, or acquire through interlibrary loans, read, and post book reports about. I would like to see some lively discussion respecting these books and expect that we will have some testimonies from people who have used what they learn both from reading the books, and reading and writing the book reports posted to Tips & Tricks. We don�t want to be like the dog who chases a car and when he catches it doesn�t know what to do. Let us be like �wise virgins� and be prepared.
Most of us would like to win on our motions, so, here are some books on motions practice:
Motions Practice and Persuasion by L. Ronald Jorgesen
This book teaches new lawyers how to effectively make and oppose motions and help
experienced lawyers create more original and innovative work. It teaches the basics of motion
practice, with a particular focus on the written motion and provides expert advice on making
motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law
and form to produce a winning motion. Instead of merely laying out the rules, the book outlines
the analysis that the lawyer must make in writing and presenting a motion.
Motion Practice, Fourth Edition by Roger S. Haydock David F. Herr
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Fourth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as: Formal requirements Strategic uses Use of supporting documents Effective advocacy Persuasive oral argument Ethical issues The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples.
A Guide To Motion Practice, by Samuel S Tripp
Motion Practice by David F Herr
Motions in Federal Court, Civil Practice by Shepards Mcgraw-Hill
Civil motion practice: How To Win Without Trying by Marcus E Cohn
Whether we are the plaintiff or the defendant we need to know how to do cross examination, so, here are some books on doing effective cross examination:
Cross-examination: Science & Techniques by Larry S. Pozner, Roger Dodd
The Art of Questioning : Thirty Maxims of Cross-Examination by Peter Megargee Brown
Step by step, how lawyers and nonlawyers alike can learn to ask the right questions and get the answer they want, whether it�s in the courtroom or the boardroom.
The Art of Cross-Examination by Francis L. Wellman
With the cross-examinations of important witnesses in some celebrated cases. Wellman, one of the great nineteenth-century trial lawyers, made his reputation in the musty New York
courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant district
attorney. In this volume he draws upon his own experiences and the brilliant achievements of
other noted lawyers to explain and exemplify the principles of questioning. He quotes
extensively from many memorable cases, utilizing them to illustrate both the manner and matter
of cross-examination. He takes up the handling of the perjured witness and the expert, he
underscores the importance of sequence, and he offers many insights into the psychology of the
witness; showing that knowing when to elicit information, and when not to, is critical to the
artistry of the advocate.
Cross-Examination: The Comprehensive Guide for Experts by Steven Babitsky, James J., Jr. Mangraviti
The ultimate measure of every expert is how well the expert performs during cross-examination. SEAK�s new text, Cross-Examination: The Comprehensive Guide For Experts will help experts quickly and efficiently master the art of responding to each and every cross-examination question truthfully and artfully. Experts will learn how to prepare for, anticipate, recognize, and effectively deal with counsel
About the Author Steven Babitsky and James J. Mangraviti, Jr. are the nation's leading and most prolific authors and trainers on expert witness issues. They are both former trial lawyers whose past texts include: How To Excel During Cross-Examination: Techniques for Experts that Work, How To Excel During Depositions: Techniques for Experts that Work, and The Comprehensive Forensic Services Manual: The Essential Resources for all Experts. Attorneys Babitsky and Mangraviti have trained thousands of experts on the skills needed to be more effective and better assist the trier of fact.
Tips member Klaus also recommends:
"Making and Meeting Objections II" by Judge Robert A. Wenke, Published 1986 by Richter Publications, PO Box 3787, Long Beach, Calif. 90803-0787 (no phone number given), 96 pages, and is a pocket sized handbook which can fit into the inside pocket of a man's jacket. Amazon.com prices it at 20.95 +shpg. Don't seem to be many available at the moment but worthwhile having IMHO. Found this phone number with an ixquick search: 562-439-8059.
From the introduction: "The objective of this handbook is to provide a means by which nonexpert trial lawyers can acquire a reasonable proficiency in using the rules of evidence applied throughout all jurisdictions in the United States." And further on in the intro: " . . . a good general understanding of the rules of evidence is essential to functioning effectively as a litigator."
Here are some books on how to make effective closing arguments:
Closing Arguments -- by Frederick Busch;
Ladies And Gentlemen Of The Jury: Greatest Closing Arguments In Modern Law -- by Michael
In the Interest of Justice : Great Opening and Closing Arguments of the Last 100 Years by Joel
Closing Arguments: The Last Battle by Mike Papantonio, Fred Levin, Martin Levin
There are even books on jurisdiction:
Federal Jurisdiction (Introduction to Law) by Erwin Chemerinsky
A Review: I'm a very average law student, and my federal courts class was stacked with the top 2nd and 3rd year students in my school. Despite this, I got the highest grade in the class. The reason...this book. This single most impressive book I have encountered in 3 years of law school. And if you plan to practice in the federal court system, this book is essential. Buy it.
The Practice And Jurisdiction Of The Court Of Admiralty: In Three Parts by John E. Hall
A Treatise on the Law of Lis Pendens: Or the Effect of Jurisdiction upon Property Involved in
Suit by John I. Bennett
Let�s study up on trial tactics:
The Trial Lawyers : The Nation's Top Litigators Tell How They Win by Emily Couric
The Underground Lawyer by Michael Louis Minns
Trial : Theories, Tactics, Techniques by Roger S. Haydock, John Sonsteng
Trial tactics;: A book of suggestions on the trial of cases, containing pertinent addresses by many well-known trial experts by Asher L Cornelius
Trial tactics and methods by Robert E Keeton
Successful trial tactics by Aaron Smith Cutler
Basic expressions for trial lawyers: Supplement to Keeton, Trial tactics and methods by Robert
Eyewitness Testimony Strategies and Tactics/With Supplement: Strategies and Tactics by
William Carroll, Edward Arnolds
Questioning Techniques and Tactics by Jeffrey L. Kestler
Dombroff on Unfair Tactics by Mark A. Dombroff
Tips member Bob Gregory also recommends:
by Ashley Lipson
Strike and parry quickly and painfully during your next discovery confrontation. This battle-proven, tactician's guide offers dozens of creative forms, checklists, arguments, and strategies. Use it to: firmly establish your allegations, learn of additional counts or causes of action, discover and weaken the enemy's defenses, quickly eliminate fictitious and boilerplate defenses, obtain concessions and admissions, and coerce settlement.
It is very good and also comes with a CD with a lot of stuff that can be cut and pasted.