"The essence of war is a violent clash between two hostile, independent, and irreconcilable wills, each trying to impose itself on the other.” (FMFM 1 Warfighting)
The trial lawyer, like the combat warrior, is engaged in a battle of wills. In this presentation, the philosophy of “Warfighting” and concepts of “Maneuver Warfare” are applied to principles of trial and cross examination.
Introduction to The Warfighting Manual and its application to Trial work a. Friction b. Uncertainty c. Fluidity d. Disorder- The Human Dimension e. Surprise and Danger f. Moral factors g. Physical and mental endurance
Application to Cross Examination a. Jury assumptions b. Preparation c. Credibility d. Spontaneity
Narrative examples of Warfighting Cross Group Work