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WHY TO NEVER ASK A WHY QUESTION

A Concrete and Humorous Cross-Examination Example“More cross-examinations are suicidal than homicidal,” wrote Emory Buckner in Francis Wellman’s seminal work on cross, The Art of Cross-Examination.” And one way to cause a self-inflicted wound is to ask a “why” question. One illustration of this took place when a defense attorney was cross-examining a police officer during [...]

COMPLAINT DRAWS JUDGE’S IRE, WIT AND POETRY

Rule 8(a) and Drafting the ComplaintA student in my Comprehensive Pretrial class provided me with an Order in Presidio Group, LLC, vs. GMAC Mortgage, LLC. Thanks to the student, I’ll be working the Order into our discussion of Drafting Complaints. In the case, the defendants moved for a more definite statement in the Complaint. In [...]