Questions from the Bench

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American Bar Association, 2004 - 199 頁
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.

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The Importance of Effectively Answering Questions from the Bench
3
A An Everyday Scenario
4
B Anatomy of an Ineffective Response
5
C The Centrality of Questions in Everyday Life
7
D Questions in the Courtroom Context
8
5 Persuasiveness of Answer Is Essential
10
A Primer Fundamental Principles of Advocacy as Related to Answering Questions from the Bench
13
A Answering Questions as Advocacy
14
E The Hostile Question and How to Respond
87
F Thomas Emerson in Griswold v Connecticut
88
What to Say When You Dont Know the Answer
91
A The Power of an Answer
92
B Inevitabilities
93
D Different Ways to Say I Dont Know
98
Conceding Too Little or Too Much
99
A Walking the Tightrope
100

B Knowing the Audience and Its Needs
15
D The Centrality of a Theme
18
E The Need for Total Preparation
19
E Careful Use of Language
20
The Need to Reframe Questions from the Bench as Opportunities Not Intrusions
23
A A Time to Rejoice
24
B Common Reasons Lawyers Dont Want to Be Questioned
25
Understanding Different Kinds of Questions
31
A Categories of Questions
32
B Reasons Judges Ask QuestionsA Closer Look
33
C Calibrating the Response to the Purpose of the Question
35
The Essential Attributes of Effective and Ineffective Answers
41
A Charting the Ideal Response
42
Basic Approaches Themes and Rules
49
The Overriding Imperative of Responding Directly to the Question Asked
51
A The Cardinal Rule to Responding to Questions From the Bench
52
C Respond to the Question Asked
54
D Consequences of Failing or Refusing to Answer
55
F Request That the Question Be Clarified or Reformulated
56
H An Infinity of Possible Responses
59
I An Example of Direct Responses to the Question Asked
60
Misstating the Facts or the Law
65
A Aaron Burrs Cynical Formulation
66
B The Central Importance of Credibility in Persuasion
67
D When You Realize You Have Misstated a Fact or Misrepresented a Case
68
Being Dismissive of the Question or Questioner or a Member of the Panel
71
A A Feeling of Exclusion
72
D Treating the Substance of the Question as If It Were Irrelevant
74
E Using Your Voice in a Dismissive Fashion
76
Arguing with the Questioner
79
A A Textbook Example of What Not to Do
80
B Negative Consequences of Arguing With the Bench
81
C Avoiding Argumentative Colloquies with the Bench
83
D Argument in Aikens v California 406 US 813 1972
85
D Conceding What You Shouldnt
103
E Questions That Demand a Yes or No Answer
105
Using Your Response to Restate Key Themes and Arguments
107
A Like Planets Around the Sun
108
C The Need for Creative Repetition
109
E Example of Using a Response to Restate Key Themes
110
Offering the Court Acceptable Alternatives in Your Response
115
A Alternative Routes to Your Destination
116
D Directing Arguments to the Heart and the Head
117
E Examples of Putting Forth Alternatives While Responding to Questions from the Bench
118
F Archibald Cox in Heart of Atlanta Motel Inc v United States
119
Using Your Response to Characterize and Refute Your Adversarys Position
121
A Offensive and Defensive Capabilities
122
C Characterizing Your Adversarys Argument
123
D Listening for an Opportunity
124
F Attack Invites Counterattack
125
Handling the Hypothetical Question
127
A The Dangers of the Hypothetical Question
128
B Listen Carefully to the Question and Seek Clarification if Necessary
129
C Clarify the Hypothetical Facts or Legal Principles Posited
130
F Examples
131
The High Art of Engaging in a Conversation with the Bench
137
A The Upper Reaches of Advocacy
138
B Example
139
Professional and Stylistic Considerations
143
A The Importance of Understanding Expected Courtroom Behavior
144
Case Studies
151
Case Study Laurence Tribe in Bowers v Hardwick
153
Case Study Floyd Abrams in Metromedia Inc v City of San Diego
161
Case Study David Boies in Bush v Gore
183
Key Points to Remember
191
Index
195
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