Trial Day
What title must you address the judge as?
Your Honor
A question is asked in which the witness must theorize a course of events/actions/emotions of another person
Speculation
How often does a piece of evidence need to be introduced?
Once
What do we call the overarching theme of the case that we want to argue?
Case Theory
The defendant admits guilt on the stand. True or false: you should stick to your initial line of questioning rather than adapting on the spot.
False!!! Respond to the witness's answers!
Which side goes first?
Plaintiff/prosecution
A testimony that does not help the judge/jury reach a verdict
Relevancy
True or False: A witness being unavailable is a valid exception to the rule against hearsay
False!
How can an attorney use a witness' affidavit in court?
To impeach the witness (or refresh your own witness' memory, but we're too good for that)
Quick! You are a witness who has forgotten the response to a question on direct. Do you:
a) Stay silent and stare down the judge
b) Excuse yourself from the courtroom (and proceed to sob outside)
c) State what you know and then wait for your attorney to ask a follow up.
C. Please don't do number 2).
True or False: Can you have a re-cross if there is no re-direct?
False
A witness provides a testimony that consists of another person's words that are taken to be the truth
Hearsay
What document does not need to be entered into evidence to be asked about? (Hint: there are several of this document in every case)
Affadavit
True or False: are affidavits unbiased / the whole truth?
False, they are each the perception of the witnesses and are affected by their own thoughts and views
You have objected 6 times in the first 3 minutes of an opposing witness's direct. Another objectionable question comes up, but it doesn't hurt your case. Should you object?
No, but give points for a good justification :)
True or False: You (as a lawyer) should always ask open ended questions on cross examination to illustrate your fairness to the judge
False... close ended questions ONLY. The shorter, the better.
The witness is telling a long story and is no longer answering the question that was asked
Narration
What is the rule that prevents witnesses from answering questions about documents they should have no knowledge of?
Out of the witness' scope
Does the case file ever have a side (prosecution or defense) with no flaws / definitive evidence towards one ruling?
No, in Mock Trial they will always have a balance of facts to allow both sides to construct a logical argument.
Chief justice of the Supreme Court
What is the burden of proof in a civil case? Who does the burden rest on?
"By a preponderance of the evidence"; rests on the plaintiff. AKA, the plaintiff must prove their claim not with certainty, but show that it is most likely true
When a lawyer asks a question repeatedly on cross attempting to get a specific answer, though the witness has provided an answer.
Asked & Answered
True or False: Is an excited utterance an exception to hearsay?
True
Will attorneys and witnesses have to read between the lines to come up with a clear theory?
Yes!
What does rule 804(b)(3) pertain to?
Hint: Think pizza... and crime... (apologies to the freshmen)
Statement against interest (unavailable witnesses)