The Trial Template

www.drslawfirm.com

Template:

• “A pattern used as a guide in shaping something”

Jury Verdict:

• The decision of the jury

• Is there a pattern or guide that enhances the chances of success for the Plaintiff?

• Yes

TRUTH THEMES BURDEN OF PROOF

Trial Template

Truth

• Voir DireCan Each of You Agree that, first and

foremost -- above everything else-- a trial is a search for the truth?

Truth

• Voir Dire/Opening Statement• How do we find/prove what is

true?• By What’s “More Likely than Not”

Truth

• Questioning Witnesses

“Isn’t that true?”

Truth

• Instructions & Verdict FormWhat has been proven true--more likely than not

Truth

• Final ArgumentWhat do we know is true--has been proven more likely than not?

a.b.c.

Themes

• Focus Group• “Every Patient Who Goes to an

Emergency Room Should See A Doctor”• “Human Remains Are Sacred and Entitled

to the Deepest Respect”• “Profits Over Safety”

Burden of Proof

• More Likely Than Not• Not Reasonable Medical Certainty• Can Have Doubt• Ever So Slightly• Tie to Compensation • Hammer on Voir Dire, Opening & Closing

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