Binder and Bergman's Fact Investigation: From Hypothesis to Proof (American Casebook Series)
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Binder and Bergman's Fact Investigation: From Hypothesis to Proof (American Casebook Series)
Describes how facts are proved at trial, examining the principal categories of rational and psychological evidence, which is the basis of trial "stories." How, at trial, does each party tell a story bolstering its own legal position and detracting from that of its adversary? What attributes of stories tend to make them persuasive? From these attributes, the authors derive a set of investigatory objectives that generally apply, regardless of the nature of the case. With objectives in place, turns to the thought processes that lawyers employ to analyze and develop evidence.