Questions from the BenchAmerican 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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內容
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 |
195 | |
常見字詞
Abrams adversary adversary's arguments advocacy Amendment answering questions answering the question appellate appropriate Archibald Cox arguing avoid bench Bickel billboards Carl Rowan chapter client colloquy commercial speech communication compelling state interest concede context counsel counselor count courtroom credibility David Boies decision maker dialogue discussion Earle End Notes engage equal protection equal protection clause example excerpt fact factual federal Floyd Abrams Fourteenth Amendment Honor human hypothetical question important irrelevant Jody Powell Jones Justice Black Justice Brennan Justice Powell Justice White know the answer Laurence Tribe lawyers legal issues Lincoln look mean ment Mike McCurry open-ended opportunity oral argument outdoor advertising persuasion position prior restraint problem Professor Tribe proposition ques question asked reason judges ask responding to questions rule salesman San Diego simple Smith statute Supreme Court things tion trial understand United States Supreme voter Williamsburg words