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Questions and Answers
What is suggested as a more effective strategy instead of chronological presentation in trial?
During what phase do jurors typically finalize their decisions?
What is a key reason for using questions in closing statements?
What are 'anchors' in the context of legal evaluations?
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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?
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What strategy can be used to mitigate 'bad issues' during a trial?
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Why are echoes important during a trial?
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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?
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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?
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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?
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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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