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Beyond the Bar: Greatest Hits
 
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E. Warren Moise
©2014

Ever wonder about those grey areas in the law that you just don’t have the time to research? For 12 years, the Beyond the Bar column in the South Carolina Lawyer Magazine has tried to color grey areas and fill in the blanks of tricky legal questions with helpful and (especially) practical information to help lawyers in their daily practices. In Beyond the Bar: Greatest Hits, the best columns were chosen, updated, and complied in one book for both criminal-defense attorneys and civil litigators.

Topics from tips on how to handle a wreck case in state court to navigating complicated pretrial procedure in federal court are covered. Practical evidence questions are answered too. Different genres of the law are addressed, such as worker’s compensation, employment law, and family court litigation. From expert witnesses to the Confrontation Clause, the book has something for everyone. Beyond the Bar: Greatest Hits is not limited solely to procedure, however. Jury research, legal history, and trial ethics are included. This is one book that all lawyers can learn from and enjoy.

Summary of Contents

I. Pretrial Procedure
Chapter 1: "I Stay Outta Federal Court!" - A Primer on How To Get Through Pretrial Procedure in Federal Court
Chapter 2: Offers of Judgment
Chapter 3: Dirty Deeds Done Cheap (or, a Few Unsolicited Comments About Depositions)
Chapter 4: Ever Wonder Who Can Attend a Deposition? (Just Axe Metallica)

II. Trials in Special Courts, Tribunals, and Special Areas of Litigation
Chapter 5: Family Court: The Corpus Evidentia in Family Court
Chapter 6: Trying Cases in Summary Court
Chapter 7: Wreck This! Trying Auto Accident Cases
Chapter 8: Workers' Compensation in South Carolina: History, Policy and Procedure (Part I in Which Olin D. Johnston Fights for the Proletariat)
Chapter 9: Workers' Compensation in South Carolina: History, Policy and Procedure (Part Two)
Chapter 10: We're Off to See the Wizard! (Evidence Law in Employment Litigation)

III. Evidence
Chapter 11: I'm Booored! Bias and the Busy Trial Lawyer
Chapter 12: Comparing the Federal and State Rules of Evidence: The Champeen and the Contenduh
Chapter 13: Pluff Mud, Bulldogs, and Insurance: Admissibility of Insurance
Chapter 14: Evidence of Third-Party Guilt
Chapter 15: Sailing Between Scilla and Charybdis: Nolo-Contendere and Alford Pleas
Chapter 16: Evidence Rule 406: I Habit, You Don't
Chapter 17: I Got the Hots! A Checklist for Introducing Prior Bad Acts
Chapter 18: Every Trial Lawyer Gets a Fresh Fish! Cross-Examination and Sequestration
Chapter 19: Neil Young's Lyrics, the Meaning Behind Easy Rider, and the Conditional Relevancy Doctrine (Rule 104(b))
Chapter 20: Privilege Law 101—Final Exam (It Was a Privilege to Know ‘Ya.)
Chapter 21: Privilege Law 102—Federal Rule of Evidence 502 (It Was a Privilege to Know ‘Ya.)
Chapter 22: Just Between Us: The Common-Interest Rule
Chapter 23: Homosexuality in the Courtroom
Chapter 24: Leading Questions, and Visiting the Planet Neptune in a Bathtub
Chapter 25: The Big Chill: Remote and Stale Evidence
Chapter 26: Electronic Evidence Part I: BTW, R U Ready 4 Electronic Communications?
Chapter 27: Electronic Evidence Part II: De Voodoo, Mon: Websites
Chapter 28: Weird Witnesses, Part I: Judges, Executive Officers, Legislators, Bailiffs, Sheriffs, and Clerks of Court
Chapter 29: Weird Witnesses, Part II: Lawyers, Paralegals, and Other Staff, and Insurance Adjusters
Chapter 30: Filling in the Cracks With Verbal Acts

IV. Expert Witnesses Chapter 31: Witch Doctors Part I (Expert Witnesses)
Chapter 32: Witch Doctors Part II (Expert Witnesses)
Chapter 33: Shrink Raps
Chapter 34: Admissibility of Experts' Reports
Chapter 35: Do J. Edgar Hoover's Forensic Scientists Have Clay Feet? Say It Ain't So, Joe!

V. Confrontation Clause
Chapter 36: Everything Old Is New Again
Chapter 37: Attack of the Molecular People: Williams v. Illinois, and the Confrontation Clause
Chapter 38: Brandi Holder and the Rule of Bruton

VI. Legal History
Chapter 39: Practicing Law in the Early 1800s and Today: Tunc pro Nunc?
Chapter 40: Halloween, and the Monster Outside Your Courtroom Door: The Star Court

VII. Juries
Chapter 41: What Judges Can Tell Us About Juries . . . and Ourselves!
Chapter 42: Jury Trials—the New Alternative Dispute Resolution!
Chapter 43: Abolish the Jury! (A Bedtime Story for Lawyers)
Chapter 44: Jury Researchers: What They Believe May Surprise You!

VIII. Ethics, Theory, and Public Policy
Chapter 45: Turnips and Trial Ethics
Chapter 46: Lie to Me, Baby: Using Deceit to Expose the Truth
Chapter 47: Are You an SOB Litigator?
Chapter 48: Public Policy: The Corpus Evidentia Meets Frederick Nietzsche

IX. Closing Argument
Chapter 49: Closing Argument in a Jury Trial

X. Miscellaneous
Chapter 50: Interpreters: ¡Si Usted No Puede Leer Este Título, Usted Necesita un Interpretor!
Chapter 51: Not Home for the Holidays: Jurors' and Trial Lawyers' So-Called Lives



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