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Byzantine

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Byzantine
  • Law Student

Good Afternoon! 

I'm working at a legal clinic this summer and will be representing an accused at trial in a bylaw matter in the next couple weeks. Wondering if anyone can suggest me a good resource (book/article/website) that covers direct/cross examinaition, objections, opening/closing statements, and introducing evidence. 

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I don't have a book to suggest, but I'd recommend observing other matters in that court. Every time I've taken on a new kind of matter, that's been how I get a feel for the proceedings.

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StephenToast
  • Law Student

I'm no sure how helpful these book would be, but they're on the reading list for my school's trial advocacy class.

Quote

 

Kennedy Hegland, Trial and Practice Skills in a Nutshell

John Sopinka, The Trial of an Action

Williston & Rolls, The Conduct of an Action

Geoff Adair, On Trial: Advocacy Skills, Law and Practice (Toronto: Butterworths, 1992)

Earl Levy, Examination of Witnesses in Criminal Cases (Toronto: Carswell, 1999).

Franklin Moskoff, ed., Advocacy in Court - A Tribute to Arthur Maloney (Toronto: Canada Law Book, 1986)

R. Salhany, Cross Examination: The Art of the Advocate (Toronto: Butterworths, 1991).

John Olah, The Art and Science of Advocacy (Toronto: Carswell, 1990).

Thomas Mauet, Donald Casswell & Gordon McDonald, Fundamentals of Trial Techniques, 2nd Canadian Edition (Toronto: Little, Brown 1995)

 

 

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Blurg
  • Lawyer

I re-read at least parts of Sopinka on trial before any large trial (I assume the title posted above is the actual title, but for whatever reason everyone I know always just calls it Sopinka on trial and I’m too set in my ways to change now…). 

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StephenToast
  • Law Student
52 minutes ago, Blurg said:

I re-read at least parts of Sopinka on trial before any large trial (I assume the title posted above is the actual title, but for whatever reason everyone I know always just calls it Sopinka on trial and I’m too set in my ways to change now…). 

Sopinka on the Trial of an Action is the updated edition of Sopinka's original book, The Trial of an Action from 1981.

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CleanHands
  • Lawyer
7 hours ago, realpseudonym said:

I don't have a book to suggest, but I'd recommend observing other matters in that court. Every time I've taken on a new kind of matter, that's been how I get a feel for the proceedings.

I actually miss getting that on the defence side. As a student or junior lawyer you have to wait and observe a few other matters first, and it gives you a sense of how the judge or JP does things (if you were unfamiliar with them).

As a Crown you have to jump right into it and speak to everything out of the gate. And if you start off on the wrong foot because they want things done a particular way and you didn't know, you have to continue to deal with them all day. lol

Edited by CleanHands
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Byzantine
  • Law Student
On 8/1/2022 at 12:33 PM, StephenToast said:

I'm no sure how helpful these book would be, but they're on the reading list for my school's trial advocacy class.

 

Earl Levy, Examination of Witnesses in Criminal Cases is gold. Learning so much. Thank you! 

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beyondsection17
  • Lawyer

Pozner & Dodd - Cross Examination: Science and Techniques (3rd ed)

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