Download PDF by David Ross: Advocacy

By David Ross

ISBN-10: 0511080859

ISBN-13: 9780511080852

ISBN-10: 0521611172

ISBN-13: 9780521611176

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16 Advocacy [2100] In a civil case there may be a number of steps to take. Do you need an injunction? How will the property be preserved? How do you arrange for the taking of samples? Do you need security for costs? [2105] Preparation can sometimes be exciting but usually it seems to be a thankless and lonely task. In the early stages at least it can seem like trudging along a dry creek bed. You can never guess when a nugget of gold will appear. No trudge, no gold. Three examples [2110] Carson QC defended the Marquess of Queensberry in a criminal libel suit brought by Oscar Wilde.

If the witness is your opponent’s, it may be a good idea to have your own interpreter there to make sure that the interpretation is correct. [3180] There are certain skills called for when questioning a witness through an interpreter. The questions must be short, sharp and clear. Look at the witness and not at the interpreter. Your questions must be directed to the witness and not to the interpreter (Ask “What did you do . ” not “What did he do . 22 Watching the witness and listening [3185] See how every good advocate watches the witness and listens to the answers.

OR You said earlier that you left the house? — Yes. What happened after that? [4100] The following example comes from a case where the accused woman was giving evidence-in-chief. The subject was a conversation with her husband. Walsh QC is insistent but very polite. Examination-in-chief 41 What happened then? — He wanted a divorce. He started talking straight away that he wanted a divorce and he wanted . . If I could just interrupt you, and pardon me for it, it is perhaps easier if you could use his exact words where you can, or to the best of your recollection, and your words back.

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Advocacy by David Ross

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