Podcast
Questions and Answers
What is suggested as a more effective strategy instead of chronological presentation in trial?
What is suggested as a more effective strategy instead of chronological presentation in trial?
During what phase do jurors typically finalize their decisions?
During what phase do jurors typically finalize their decisions?
What is a key reason for using questions in closing statements?
What is a key reason for using questions in closing statements?
What are 'anchors' in the context of legal evaluations?
What are 'anchors' in the context of legal evaluations?
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What is a common misconception about the sequence of trial presentations?
What is a common misconception about the sequence of trial presentations?
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Why is it challenging to know the overall case frame until the end of the trial?
Why is it challenging to know the overall case frame until the end of the trial?
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What strategy can be used to mitigate 'bad issues' during a trial?
What strategy can be used to mitigate 'bad issues' during a trial?
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Why are echoes important during a trial?
Why are echoes important during a trial?
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What is the primary objective of case framing in a trial?
What is the primary objective of case framing in a trial?
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Which quality is essential for a case frame to be effective?
Which quality is essential for a case frame to be effective?
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Which of the following describes the strategy of 'chunking' in courtroom presentations?
Which of the following describes the strategy of 'chunking' in courtroom presentations?
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What mistake do plaintiff lawyers commonly make during trials?
What mistake do plaintiff lawyers commonly make during trials?
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What is the 'i just can't get over issue' as described in case framing?
What is the 'i just can't get over issue' as described in case framing?
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How can a lawyer maintain the jury’s ability to feel anger during a trial?
How can a lawyer maintain the jury’s ability to feel anger during a trial?
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According to the case framing concept, what essential structure must everything presented at trial fit into?
According to the case framing concept, what essential structure must everything presented at trial fit into?
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Study Notes
Case Framing
- Case framing is a mindset for trial lawyers to focus on the most crucial points that should influence the jury's decision.
- The heart of the case: The case frame is the most concise, powerful statement that summarizes the essence of the case's argument. It should resonate with a universal truth.
- The key issue: The case frame is built upon a "I just can't get over" issue, which acts as a guiding principle that makes the biggest impact on the jury.
- Sequence is important: The order of presentation should NOT be chronological. Start with the most impactful issue, rather than the first event in time.
- Anchors: Anchors are standards of comparison that influence the jury's judgments. These can be past incidents, policies, or expert opinions that help jurors make a decision.
Good and Bad "I Just Can't Get Over" Issues
- Good "I Just Can't Get Over" issues help the defense, while Bad "I Just Can't Get Over" issues work in favor of the prosecution.
- Good "I Just Can't Get Over" issues help the defense, while Bad "I Just Can't Get Over" issues work in favor of the prosecution.
- It is essential to identify your "I Just Can't Get Over" issues after all evidence has been presented, as the full context of the case may not be apparent until then.
Echoes
- Echoes are elements that support a good "I just can't get over issue" or conversely overcome a bad "I Just Can't Get Over" issue.
- Four categories of Echoes: These include people, documents, events, and ideas/exhibits that reinforce the issue to the jury.
- Purpose of Echoes: They keep issues present in the jurors' minds through repetition.
Other Insights
- Avoid focusing on disproving the defense, focus on presenting your own strong case.
- Maintain composure during trial to empower the jurors.
- The jury's sense of injustice, not your own, should be prominent.
- Start every witness examination with a key "I just can't get over" issue.
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