Legal Technique and Logic - Assignment No. 7
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Syd Geemson ParrenasLegal Technique and Logic - Assignment No. 7
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Syd Geemson ParrenasSyd Geemson E. Parreñas CPU J.D.
1-A
1. What is a Trial Brief and what are its functions?
A trial brief is a formal statement presented to a court to provide information about a
person's position in a case, familiarizing the judge with terminology, arguments, and other
matters. For some types of cases, people may be required to file a brief and in others, it is a
good idea to prepare one. Judges can also request briefing on particular matters in a case to
make sure they fully understand them and are prepared to handle the case appropriately.
The main purpose of a trial brief is to introduce the nature of the case, to describe the
causes of action alleged, and to provide legal authorities which are pertinent to the claims and
defenses.
2. What attitudes must a good trial lawyer have to effectively advocate his clients' interests?
Good communication skills
Lawyers must be orally articulate, have good written communication skills and also be
good listeners. In order to argue convincingly in the courtroom before juries and judges, good
public speaking skills are essential. Communication and speaking skills can be developed during
your studies by taking part in activities such as mooting or general public speaking.
Lawyers must also be able to write clearly, persuasively and concisely, as they must
produce a variety of legal documents.
But it’s not all about projection. To be able to analyze what clients tell them or follow a
complex testimony, a lawyer must have good listening skills.
Judgement
The ability to draw reasonable, logical conclusions or assumptions from limited
information is essential as a lawyer.
You must also be able to consider these judgements critically, so that you can anticipate
potential areas of weakness in your argument that must be fortified against.
Similarly, you must be able to spot points of weakness in an oppositions
argument. Decisiveness is also a part of judgement. There will be a lot of important judgement
calls to make and little time for sitting on the fence.
Analytical skills
Both the study and practice of law involve absorbing large quantities of information,
then having to distil it into something manageable and logical.
At times, there will be more than one reasonable conclusion, or more than one
precedent applicable to resolving a situation.
A lawyer must therefore have the evaluative skills in order to choose which is the most
suitable.
Research skills
Similarly, being able to research quickly and effectively is essential to understanding
your clients, their needs, and to preparing legal strategies.
Syd Geemson E. Parreñas CPU J.D. 1-A
Preparing legal strategies requires absorbing and comprehending large amounts of
information, then distilling them down into something manageable and useful.
People skills
Law is not an abstract practice. Irrelevant of how well someone does academically, at
the end of the day lawyers work with people, on behalf of people, and the decisions that are
made affect people's lives.
They must be personable, persuasive and able to read others. This allows them to gauge
juror’s reactions and the honesty of witnesses.
This allows them to decide upon the best approach to take in order to achieve the
desired outcome: either clients taking their advice or reaching a favorable negotiation with the
opposition.
Perseverance
“Perseverance is not a long race; it is many short races one after the other.” Even
studying to become a lawyer takes a great deal of perseverance and commitment – and that’s
before you even start work!
When working on a case, you must have the perseverance to complete the work
necessary to drive it to a successful finish.
Creativity
The very top lawyers are not only logical and analytical, but they display a great deal of
creativity in their problem-solving.
The best solution is not always the most obvious and in order to outmaneuver your
challenger it is often necessary to think outside the box.
3. What is a direct examination?
Direct examination refers to the examination-in-chief of a witness by the party
presenting him on the facts relevant to the issues (Legal Logic by Francis Julius N. Evangelista,
Ph.D. and David Robert C. Aquino, Ll.B., CSEE).
The purpose of a direct examination is to ask questions that develop a subject in a
logical sequence. It is important to listen to both the questions and the answers, so that the
next question continues developing the subject in a logical sequence.
4. What is a cross examination?
Upon the termination of the direct examination, the witness may be cross-examined by
the adverse party as to any matters stated in the direct examination, or connected therewith,
with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from
interest or bias, or the reverse, and to elicit all important facts bearing the issue (Legal Logic by
Francis Julius N. Evangelista, Ph.D. and David Robert C. Aquino, Ll.B., CSEE).
The purpose of cross examination is to create doubt about the truthfulness of the
witness's testimony, especially as it applies to the incidents that are at issue in the case.