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The Barrister’s Toolbox

Tag: challenges for cause

Keep in Mind that Judges Are Only Human

So often I see attorneys lose sight of the fact judges are only human. This means one has to be mindful of what you can reasonably expect of a judge. Help a judge by: 1. Making your arguments or briefs short and succinct. Get to the point. Judge’s have limited time. Don’t cite ten cases →

Trial Advocacy, Jury Selection, dos and don’ts

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advocacy, challenges for cause, Jury, Jury selection, Jury trial, Marking Exhibits, Trial, Trial Work, Voir dire

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Apr 2, 2022
An Unforeseen Value to Loss of Consortium Claims in Selecting a Jury.

As a Plaintiff’s attorney you want to identify jurors who will refuse to follow the Court’s instructions directing the grant of money damages for pain and suffering. I inadvertently found something that is even more polarizing and controversial than claims for such intangible losses… Loss of consortium! I was picking jury in a rural county →

Jury Selection, Uncategorized

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challenges for cause, juries, jurors, Jury, Jury selection, loss of consortium, Trial, trial advocacy, Trial Strategy, Voir dire

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Dec 12, 2017
The Problem with Problems.

So do you want to know what the problem is with problems? Most people are like an ostrich with its head buried in the sand in fear of what they might see. We all have a tendency to ignore our problems and procrastinate. This is fatal thinking or à total lack of thinking. Instead of waiting →

closing arguments, Direct examination, dos and don’ts, Evidence, Jury Selection, mock trial, Trial Advocacy

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ad hominem, Adversarial system, advocacy, analogies, Analogies anecdotes, apologies, challenges for cause, character, Closing argument, Evidence (law)

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Sep 30, 2015
Use of Peremptory Challenges and Preservation of Challenges for Cause

The great thing about our system of democracy is when they call you for jury duty, you have to come… It’s an honor and a privilege. I was called and I’ve got to be here. – – Antonio Villaraigosa Pursuant to Indiana’s long-standing rule, a claim of error arising from the denial of a challenge →

Jury Selection

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Adversarial system, challenges for cause, error, Jury, Jury selection, Jury trial, peremptory challenges, Preservation of Challenges for Cause, waiver

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Nov 13, 2014
The Problem of Juror Bias

“A jury verdict is the quotient of the prejudices of twelve people.” Kenneth Grubb, Attorney Anything I missed? Juror Bias is a difficult problem that must be ferreted out by the trial attorney in almost every trial. Quite honestly, this can not be effectively done without the cooperation of the jury. I will often close my →

Jury Selection

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challenges for cause, juries, jurors, Jury selection, Jury trial, jury voir dire

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Nov 5, 2014