Cross Examination
A Primer for the Family Lawyer
Published on 7. May 2019
Book
Paperback/Softback
206 pages
978-1-63425-565-3 (ISBN)
Description
In direct examination, you are directing the witness, with the witness being permitted to answer in narrative form. In cross examination, you are leading the witness, with the goal of the witness giving a monosyllabic answer of "yes" or "no." Stated otherwise, direct examination builds, while cross examination leads. If performed correctly, in direct examination, you guide the witness; in cross examination, you control the witness. Because of this, the lawyer's skill at cross examination is essential to persuade the judge of your position.
Looking at cross examination as a communication and persuasion contest involving the lawyer, the witness, and the trier of fact, this logical, clearly presented book explains how effective cross examination skills can advance your cause while also weakening the position taken by the opposing side. Topics include:
The commandments of cross examination
When not to cross examine
Principles of primacy and regency
Modes of impeachment
Types of cross examination
Verbal and body language
Adversarial parties as witnesses
Collateral evidence rule
The "I don't remember," "I don't know" witness
Closing the escape hatch
Preparing your witness for the cross examination
Dealing with objections
Cross examining experts, and more
Looking at cross examination as a communication and persuasion contest involving the lawyer, the witness, and the trier of fact, this logical, clearly presented book explains how effective cross examination skills can advance your cause while also weakening the position taken by the opposing side. Topics include:
The commandments of cross examination
When not to cross examine
Principles of primacy and regency
Modes of impeachment
Types of cross examination
Verbal and body language
Adversarial parties as witnesses
Collateral evidence rule
The "I don't remember," "I don't know" witness
Closing the escape hatch
Preparing your witness for the cross examination
Dealing with objections
Cross examining experts, and more
More details
Language
English
Place of publication
Chicago, IL
United States
Product notice
Paperback (trade)
Illustrations
Illustrations
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 12 mm
Weight
312 gr
ISBN-13
978-1-63425-565-3 (9781634255653)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Stephen Gassman is the senior partner in the firm of Gassman Baiamonte Gruner, PC, Garden City, NY, which limits its practice to matrimonial and family law. He is a graduate of the University of North Carolina and New York Law School.
Mr. Gassman is a Fellow of the American Academy of Matrimonial Lawyers; he has served as President of the Bar Association of Nassau County, New York and Chair of the Family Law Section of the New York State Bar Association. He is a member of the statewide Matrimonial Practice and Rules Committee of the Unified Court System of the State of New York. He has also served as Chair of the Matrimonial & Family Law Committee of the Nassau County Bar Association, as President of the Nassau County Bar Association, and as an Adjunct Professor of Law at Touro Law School, teaching Advanced Family Law. Mr. Gassman has also served as a member of the Judicial Hearing Officer Screening Committee for the Second Judicial Department, a member of the Advisory Board of the Safe Center, and a member of the Law Guardian Advisory Committee for the Tenth Judicial District.
Mr. Gassman has co-authored with Timothy M. Tippins Evidence for Matrimonial Lawyers and Matrimonial Valuation. He has also co-authored with Rosalia Baiamonte the Library of New York Matrimonial Law Forms published by the New York Law Journal Press.
He has been a lecturer at matrimonial law seminars and symposiums conducted under the aegis of the New York State Bar Association, American Academy of Matrimonial Lawyers, New York Law Journal, NYS Bar Association, American Bar Association, Nassau County Bar Association, Suffolk County Bar Association, Kings County Bar Association, Office of Court Administration-Judicial Seminars, Westchester County Bar Association, Appellate Division Second Department, Association of the Bar of the City of New York, New York County Lawyers Association, Matlaw Systems, New York State Trial Lawyers Association, Family Court Law Guardian Seminars-Tenth Judicial District; and numerous other bar groups.
Stephen Gassman has been listed in The Best Lawyers in America for over 30 years, and has been listed in New York Super Lawyers since its inception in 2007. He has been a guest on and moderator for television shows dealing with matrimonial law on Court TV and Lawline.
Additionally, Mr. Gassman has had bestowed upon him the award of "Distinguished Past President" by the Nassau County Bar Association, and the award "Education Partner" by Nassau Boces.
Mr. Gassman is the founder of the We Care Fund, the charitable arm of the Nassau County Bar Association, and was the first recipient of the award honoring extraordinary service to this charity-the award is known as the Stephen Gassman Award.
Mr. Gassman is married and has three children and four grandchildren.
Mr. Gassman is a Fellow of the American Academy of Matrimonial Lawyers; he has served as President of the Bar Association of Nassau County, New York and Chair of the Family Law Section of the New York State Bar Association. He is a member of the statewide Matrimonial Practice and Rules Committee of the Unified Court System of the State of New York. He has also served as Chair of the Matrimonial & Family Law Committee of the Nassau County Bar Association, as President of the Nassau County Bar Association, and as an Adjunct Professor of Law at Touro Law School, teaching Advanced Family Law. Mr. Gassman has also served as a member of the Judicial Hearing Officer Screening Committee for the Second Judicial Department, a member of the Advisory Board of the Safe Center, and a member of the Law Guardian Advisory Committee for the Tenth Judicial District.
Mr. Gassman has co-authored with Timothy M. Tippins Evidence for Matrimonial Lawyers and Matrimonial Valuation. He has also co-authored with Rosalia Baiamonte the Library of New York Matrimonial Law Forms published by the New York Law Journal Press.
He has been a lecturer at matrimonial law seminars and symposiums conducted under the aegis of the New York State Bar Association, American Academy of Matrimonial Lawyers, New York Law Journal, NYS Bar Association, American Bar Association, Nassau County Bar Association, Suffolk County Bar Association, Kings County Bar Association, Office of Court Administration-Judicial Seminars, Westchester County Bar Association, Appellate Division Second Department, Association of the Bar of the City of New York, New York County Lawyers Association, Matlaw Systems, New York State Trial Lawyers Association, Family Court Law Guardian Seminars-Tenth Judicial District; and numerous other bar groups.
Stephen Gassman has been listed in The Best Lawyers in America for over 30 years, and has been listed in New York Super Lawyers since its inception in 2007. He has been a guest on and moderator for television shows dealing with matrimonial law on Court TV and Lawline.
Additionally, Mr. Gassman has had bestowed upon him the award of "Distinguished Past President" by the Nassau County Bar Association, and the award "Education Partner" by Nassau Boces.
Mr. Gassman is the founder of the We Care Fund, the charitable arm of the Nassau County Bar Association, and was the first recipient of the award honoring extraordinary service to this charity-the award is known as the Stephen Gassman Award.
Mr. Gassman is married and has three children and four grandchildren.
Content
Chapter 1: IntroductionChapter 2: The Commandments of Cross ExaminationChapter 3: Additional Commandments of Cross ExaminationChapter 4: When Not to Cross ExamineChapter 5: The Principles of Primary and RecencyChapter 6: The Use of TrilogiesChapter 7: Modes of ImpeachmentChapter 8: Types of Cross ExaminationChapter 9: Verbal Language and Body Language of Cross ExaminationChapter 10: LoopingChapter 11: Calling an Adverse Party as a WitnessChapter 12: The Collateral Evidence RuleChapter 13: Cross Examination by Bad Acts or ConvictionChapter 14: The Intractable WitnessChapter 15: The ¿I Don't Remember,¿ ¿I Don't Know¿ WitnessChapter 16: Closing Escape HatchesChapter 17: Patience and PacingChapter 18: Preparing Your Witness for Cross ExaminationChapter 19: Dealing with Objections During Cross ExaminationChapter 20: Combating the Hearsay ObjectionChapter 21: Cross Examination of ExpertsChapter 22: Expert Testimony: Reliability of Scientific Expert TestimonyBibliographyAppendix A: Cross-Examination of a Forensic PsychiatristAppendix B: Revenue Ruling 59-60Appendix C: Revenue Ruling 68-609Index