In the Spring 2008 Newsletter

The Statute of Frauds
By Walter Williams and Bo Joseph, Austin, TX

Plaintiffs’ lawyers often view the affirmative defense of the statute of frauds as a monumental hurdle in situations where a writing is required. Keep in mind, though, that the statute of frauds is unrelated to contract formation. Rather, the statute of frauds is a rule of evidence designed to prevent fraud and should be construed and applied as necessary to achieve that purpose.

Courts have long held that a written contract is not required to satisfy the statute of frauds.3 The statute itself specifically states that the “writing” need be nothing more than. . .

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Your Free CLE Reference Materials

CROSS-EXAMINATION IN ARBITRATION (CROSS WITHOUT DEPOSITIONS) AND USE OF VIDEO IN ARBITRATION CLOSING
By Christopher T. Vernon, Naples, FL

Cross-examination in arbitration is similar to cross-examination in court in that they both involve much of the same skill set. The differences lie primarily in:
1.The expertise and equity focus of the triers of fact;
2.The more informal setting; and
3.Dealing with the lack of a deposition transcript as a tool for cross-examination.
These differences will be discussed below along with techniques for taking advantage of and/or overcoming these differences.

Also discussed at the end of this outline are some thoughts on videotaping the arbitration and then effectively incorporating video clips from your cross-examinations into closing argument.

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This paper, available free to members of the Business Torts Section, was presented at the 2007 AAJ Annual Convention in Chicago. Copyright © 2007 American Association for Justice. Further reproduction of any kind is prohibited. For more information, call AAJ Education at (800) 622-1791. To purchase other papers, visit the AAJ Exchange.

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