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Authors: Douglas S. Lavine
ISBN-13: 9781590312339, ISBN-10: 1590312333
Format: Paperback
Publisher: American Bar Association
Date Published: September 2004
Edition: (Non-applicable)
Learn how to respond to a judge's questions directly and persuasively. Written by a trial judge, this book offers practical advice and thoughtfull, analysis that will help you answer questions effectively. that will help you answer questions effectively.
Ch. 1 | The importance of effectively answering questions form the bench | 3 |
Ch. 2 | A primer : fundamental principles of advocacy as related to answering questions from the bench | 13 |
Ch. 3 | The need to reframe questions from the bench as opportunities, not intrusions | 23 |
Ch. 4 | Understanding different kinds of questions | 31 |
Ch. 5 | The essential attributes of effective and ineffective answers | 41 |
Ch. 6 | The overriding imperative of responding directly to the question asked | 51 |
Ch. 7 | Misstating the facts or the law | 65 |
Ch. 8 | Being dismissive of the question or questioner, or a member of the panel | 71 |
Ch. 9 | Arguing with the questioner | 79 |
Ch. 10 | What to say when you don't know the answer | 91 |
Ch. 11 | Conceding too little or too much | 99 |
Ch. 12 | Using your response to restate key themes and arguments | 107 |
Ch. 13 | Offering the court acceptable alternatives in your response | 115 |
Ch. 14 | Using your response to characterize and refute your adversary's position | 121 |
Ch. 15 | Handling the hypothetical question | 127 |
Ch. 16 | The high art of engaging in a conversation with the bench | 137 |
Ch. 17 | Professional and stylistic considerations | 143 |
Ch. 18 | Case study : Laurence Tribe in Bowers v. Hardwick | 153 |
Ch. 19 | Case study : Floyd Abrams in metromedia, Inc. v. city of San Diego | 161 |
Ch. 20 | Case study : David Boies in Bush v. Gore | 183 |