David Ball on Damages 3 Audiobook

David Ball
David Ball on Damages 3 Audiobook
David Ball on Damages 3 Audiobook

David Ball on Damages 3 Audiobook

David Ball
$165.00

Publisher's note: This is the audiobook version of the Trial Guides hardback edition of David Ball on Damages 3. David Ball reads you the content on this book.

David Ball on Damages is America's bestselling text on proving damages. Now, David Ball on Damages 3 teaches you how to integrate the Reptile and Rules of the Road methods, along with new voir dire techniques, into the classic Damages method. Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. David Ball on Damages 3 is filled with improvements and refinements based on thousands of hours of research and real case preparation that Ball and his partner, Artemis Malekpour, have uncovered since the second edition's 2005 release. Ball explains why jurors give, why they do not, and how to motivate them to provide a large verdict. Damages 3 provides practical, effective, and innovative methods for pursuing damages, while alerting readers to pitfalls that both new and experienced attorneys are prone to. The techniques and tools that Damages 3 provides counter sophisticated opposition tactics, the public mood, and laws and rules that continue to grow more hostile.

  • Author

  • Details

    CD: 788 minutes; 12 discs; 2nd edition (2011); ISBN: 978-1934833407
    Publisher: Trial Guides, LLC
  • Table of Contents

    Disc 1 [69:54]

    1. David Ball on Damages 3
    2. Preface
    3. Introduction
    4. Chapter 1. Fundamentals
    5. Introduction: The Poisoned Pool
    6. Fundamental One: Juror Self-Protection
    7. Fundamental Two: Proportion of Time on Harms and Losses
    8. Fundamental Three: You
    9. Fundamental Four: Client's Point of View
    10. Fundamental Five: Defendant Conduct
    11. Fundamental Six: Inadvertent Wrongdoing
    12. Fundamental Seven: Worthwhileness of Money
    13. Fundamental Eight: Fix, Help, Make Up For

    Disc 2 [69:53]

    1. Chapter 1 (continued). Fundamental Nine: Degree of Harms and Losses
    2. Fundamental Ten: Who Gets the Money?
    3. Fundamental Eleven: Importance
    4. Fundamental Twelve: Going Home Afterward
    5. Fundamental Thirteen: Compromise Kills
    6. Fundamental Fourteen: Seen Worse, Been Worse
    7. Fundamental Fifteen: People Should Pay for Their Own Problems
    8. Fundamental Sixteen: Divine Punishment ("God is My Co-Juror")
    9. Fundamental Seventeen: Don't Wanna Punish the Defendant
    10. Chapter 2. Noneconomic Damages
    11. Obstacle 1: No Worthwhileness
    12. Obstacle 2: No Way to Calculate
    13. Obstacle 3: Can’t Define "Compensation"
    14. Obstacle 4: Defense Plea for Jury Nullification
    15. Obstacle 5: Bad Comparison to Economic Damages
    16. Obstacle 6: Why Pay Family to be Caretakers? Why Pay for Professional Care When the Family Can Do It?
    17. Obstacle 7: "Even If That's the Right Amount, It's Far Too Much for Any Individual"
    18. Chapter 3. Rules for Jurors: Preponderance; Harms and Losses Only
    19. The Preponderance Template
    20. The Preponderance Formula
    21. Preponderance Template: Jury Voir Dire

    Disc 3 [67:19]

    1. Chapter 3 (continued). Preponderance Template: Opening (The Boilerplate Tag)
    2. Preponderance Template in Plaintiff's Testimony
    3. Preponderance Template in Defense Testimony
    4. Preponderance Template in Closing
    5. Preponderance Template: Conclusion
    6. The Harms-and-Losses-Only Template
    7. The Harms-and-Losses-Only Template: Jury Voir Dire
    8. The Harms-and-Losses-Only Template: Opening
    9. The Harms-and-Losses-Only Template: Testimony
    10. The Harms-and-Losses-Only Template: Closing
    11. Chapter 4. With or Without Jury Voir Dire
    12. Voir Dire Limitations: Fight Them! No Voir Dire? Fight for It
    13. Juror's First Impression: Primacy and Persistence
    14. How to Ask
    15. Tort "Reform"
    16. Noneconomic Damages: Spotting Problem Jurors
    17. Other Noneconomic Elements
    18. Tolerance for Pain
    19. Asking about (or Sneaking in) a Specific Figure in Voir Dire
    20. Asking About Caps
    21. Juror Demographics Affecting Damages

    Disc 4 [69:27]

    1. Chapter 4 (continued). Personality Traits
    2. Religion Matters
    3. Inadvertence
    4. Leaders
    5. Child Witnesses
    6. Paid Experts
    7. Multiple Survivors
    8. Harms Consultants
    9. Harms and Losses List
    10. Final Thoughts
    11. Chapter 5. Opening Statement
    12. Introduction
    13. Your Standing with the Jury
    14. Structure
    15. The Template
    16. The Template
    17. Opening. Part I: Primary Rule(s)

    Disc 5 [62:21]

    1. Chapter 5 (continued). Opening. Part II. Story of What the Defendant Did
    2. Opening. Part III. Who We are Suing and Why
    3. Opening. Part IV. Undermine

    Disc 6 [67:48]

    1. Chapter 5 (continued). Opening. Part V. Causation and Damages
    2. Opening. Part VI: "Before"
    3. Damages-Only Case
    4. Loss of Personal Image
    5. Beware the Unknown: What Jurors Don’t Know Can Clobber You
    6. Keep Jurors Listening
    7. Fear of Not Understanding
    8. Motivations
    9. Loss of Consortium
    10. E-nun-ci-ate
    11. Stop the Bullet Points
    12. Dress Approachably
    13. Decorate Yourself Modestly and Moderately

    Disc 7 [68:57]

    1. Chapter 5 (continued). Length of Opening
    2. Eye Contact
    3. Movement
    4. Rehearse
    5. Lighting
    6. Chapter 6. Direct Examination
    7. Mud and Gold (Less Mud = More Gold)
    8. Controlling Your Witness on Direct ("What happened next?")
    9. Short Questions
    10. Don't Make Your Client a Whiner
    11. How Does that Make You Feel?
    12. Spouse
    13. Before and After Witnesses
    14. How Many?
    15. Stories
    16. Hollow Advocacy
    17. Witnesses as Sources of Worthwhileness
    18. Sequence of Witnesses: Damages Witnesses
    19. Children
    20. Grief and Pain Counselors
    21. Minimum Life-Care Plans (and Equivalents)
    22. Using Liability Witnesses for Damages
    23. Day-in-the-Life Videos
    24. Should Your Client Be in Trial?
    25. Client In and Out of Trial
    26. The Best and Cheapest Experts: High School Teachers
    27. Paid Plaintiff's Experts
    28. How to Use Experts

    Disc 8 [53:18]

    1. Chapter 7. Cross-Examination
    2. Rules for Analysis
    3. Hitchhiking: Use Defense Liability Experts for Damages
    4. Undermining Defense Life-Expectancy Estimates
    5. Undermining Accusations of Malingering and Exaggeration of Symptoms
    6. "Litigation Syndrome" and Other Bogusaria
    7. Control
    8. Chapter 8. Closing
    9. Overview
    10. When to Write It
    11. Make Jurors Listen
    12. Teaching Your Favorable Jurors How to Win (Arming Them)
    13. Keep on KISSING!
    14. Why Are You Saying That?
    15. Help Jurors Respond to the Folks at Home
    16. Essentials for Closing
    17. Minimum Life-Care Plan in Closing

    Disc 9 [56:41]

    1. Chapter 8 (continued). Massaging the Jury Instructions and Questions
    2. Language
    3. Intangibles Argument: Ratio to Tangible Losses
    4. Holistic Damages
    5. SCALES: Calculating the Intangible Losses
    6. Admit Some Fault
    7. Comparative Fault: Double Dipping
    8. Proportions: The Damages Circle
    9. How Do You Decide on Appropriate Amounts?
    10. Jurors' Weekends and Other Treasures
    11. The First Thing You Think
    12. Two Futures
    13. Safety
    14. Judo Law and "The Gift of Malingering"
    15. Vague Language
    16. People Care v. Money Care
    17. Closing: Quickies
    18. Chapter 9. Public Respect and Trust: Restore It and Deserve It
    19. The Problem
    20. The Foolproof Solution

    Disc 10 [63:57]

    1. Chapter 9 (continued). Does It Work?
    2. The Specifics
    3. A Potpourri of Good Works
    4. Rejecting Cases
    5. Organizations
    6. Show the World
    7. Epilogue
    8. Appendix A. Jury Voir Dire
    9. The Law
    10. Rule #1
    11. Open-Ended Questions
    12. The All-Purpose Follow-Up Questions
    13. Demographics: The Error
    14. The Worst Role Model: The Defense
    15. Poisoning the Jury
    16. Inoculation: Anticipating Defense Poison Questions
    17. Inoculate
    18. Creating Inoculation Questions
    19. Which Inoculation?

    Disc 11 [68:57]

    1. Appendix A (continued). "Why Is She Asking About That?"
    2. Home
    3. Get the Whole Answer
    4. Interrupting
    5. Rewording
    6. Get Them Talking
    7. Enjoyment v. Control
    8. Voir Dire: To See Speaking
    9. Conditioning
    10. When the Judge Stops You
    11. Identifying Leaders
    12. Depth of Attitude/Opinion/Belief
    13. The Last Six Questions
    14. Challenging for Cause

    Disc 12 [69:15]

    1. Appendix A (continued). Pretrial Rehearsal
    2. Judge Approved Questions; Judge-Conditioned Voir Dire
    3. Appendix B. Story for Opening Statements
    4. Storytelling
    5. Appendix C. Sample Opening
    6. Appendix D. Differential Diagnosis in Med Mal Opening
    7. Appendix E. Sample First-Person Story for Closing
    8. Acknowledgements for the Third Edition
    9. A Final Word

    Total running time: 13 hours, 8 minutes

Publisher's note: This is the audiobook version of the Trial Guides hardback edition of David Ball on Damages 3. David Ball reads you the content on this book.

David Ball on Damages is America's bestselling text on proving damages. Now, David Ball on Damages 3 teaches you how to integrate the Reptile and Rules of the Road methods, along with new voir dire techniques, into the classic Damages method. Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. David Ball on Damages 3 is filled with improvements and refinements based on thousands of hours of research and real case preparation that Ball and his partner, Artemis Malekpour, have uncovered since the second edition's 2005 release. Ball explains why jurors give, why they do not, and how to motivate them to provide a large verdict. Damages 3 provides practical, effective, and innovative methods for pursuing damages, while alerting readers to pitfalls that both new and experienced attorneys are prone to. The techniques and tools that Damages 3 provides counter sophisticated opposition tactics, the public mood, and laws and rules that continue to grow more hostile.

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