Order of the Trial
Objections
Direct/Cross Examination
Witness Testimony
Miscellaneous
100
What is the first step in a trial?
The opening statement.
100
What does it mean when a judge "sustains" an objection?
It means that the objection is valid.
100
Who conducts the direct examination and who conducts the cross examination?
The party that calls the witness conducts the direct examination, and the opposing party conducts the cross examination.
100

Where does the witness go during testimony in a trial?

The witness sits at the witness stand next to the judge.

100

What is the bailiff's job?

The bailiff's job is to swear in the witnesses and to execute the judge's orders.

200

Which party starts the trial, the plaintiff or defendant? Why?

Plaintiff. Because he/she is bringing the lawsuit

200
Which one of the following is always "objectionable": (1) questions with "yes" or "no" answers; (2) compound questions; (3) leading question; (4) lengthy questions?
Compound questions are always objectionable.
200
Are the attorneys conducting a direct examination permitted to ask leading questions?
No.
200

How can a witness be impeached?

The attorney must show that the witness contradicted him/herself in his/her testimony.

200

In Mock Trial, how many witnesses are each side allowed?

Both sides have 3 witnesses each.

300
What comes first, the direct examination or the cross examination?
The direct examination comes first.
300
Is the following objectionable during direct examination, and why? Attorney: You decided to build a porch because your husband is sick, correct? Witness: That's right
Yes, because it is a leading question.
300
What is a re-direct examination?
A redirect examination is a direct examining attorney's opportunity to challenge what was said during the cross examination.
300

What must the attorney do before an EXPERT witness's testimony may be heard?

The attorney must "qualify" the witness as an expert.

300

In Mock Trial, what are all the names of possible jobs?

Plaintiff attorney (3), Defense attorney (3), Plaintiff witness (3), Defense witness (3), Bailiff (1), Timekeeper (1).

400
Who decides which of the plaintiff/defendant's witnesses testifies first?
The party calling the witness decides.
400
Is the following hearsay, and why? Witness: Ms. Smith showed up at our door. Attorney: What did she tell you? Witness: She said she was a master carpenter
It is not hearsay because the statement was made directly to the witness.
400

What can be asked in a redirect?

Only things that were said in the cross-examination.

400
In a trial, if the other side’s witness lies on the stand, what can you do to ensure the judge or the jury does not rule based on that lie?
The attorney can impeach that witness.
400
What is the difference between a civil and criminal trial?
In a civil trial, the lawsuit is between two individuals that are seeking a monetary (or similar) award. In a criminal trial, the lawsuit is between a person and the state/federal government, and the trial may result in jail time.
500

What is an example of a leading question, and a non-leading question?

Up for determination.

500

List 5 out of the 8 grounds for objections.

(1) Leading questions; (2) narration; (3) relevance; (4) personal knowledge; (5) hearsay; (6) stating an opinion; (7) compound question; and (8) badgering the witness.

500

How can you conduct a re-cross?

If the opposing council conducts a re-direct, you are allowed to conduct a re-cross on only things said in the re-direct.

500

What does a bailiff say to swear in a witness?

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Witness: I do.

500

What is the difference between the losing party being "liable" or "guilty"?

In a civil trial, the losing party is "liable." In a criminal trial, the losing party is "guilty."

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