FINAL ESSAY Example | Topics and Well Written Essays - 500 words

FINAL - Essay Example However, there are possible legal theories that will govern the litigant’s trial strategy. For instance, if the defendant is impecunious and his liability insurance will not cover punitive damages it will not make sense to pursue punitive damages since it is commonly believed that when juror’s award punitive damages they tend to be quire modest in compensatory damages awards. Guided by this legal theory the litigant will likely proceed with a trial strategy that abandons a claim for punitive damages.(Blanchard, p. 502) In Blanchard’s second example, the plaintiff is injured in a car accident in which the defendant driver had consumed alcoholic beverages prior to the accident. While the consumption of alcohol is evidence of the defendant’s negligence the defendant might adapt a legal theory that supports a contention that the plaintiff knew that the defendant had been drinking and therefore voluntarily assumed the risk by getting in the car driven by the de fendant. Based on this legal theory the plaintiff’s trial strategy will involve shifting the focus away from the defendant’s alcohol consumption.(Blanchard, P. 503) There are two methods by which a witness can be compelled to appear at a trial at a specific time for the purpose of cross-examination. One method is by application to the court for a pretrial order requiring the witness to appear for cross-examination. Once the court makes the order the witness is under an obligation to appear or face prosecution for contempt of court. (Blanchard p.510) The second method of compelling a witness to appear at a trial at a particular time for cross-examination is by virtue of a subpoena. Proof of service of the subpoena is necessary following which the court has the authority to hold a non-complying witness in contempt or to delay proceedings until such time as the witness can be brought to court by