Order of the Trial
The first step in a trial.
What is the Opening Statement?
When a judge agrees with the validity of an objection.
What is "the objection is sustained"?
And the opposite? The objection is.............
__________ conducts the direct examination and __________ conducts the cross examination
Who is the party that calls the witness conducts the direct examination and the opposing party conducts the cross examination?
When a witness testifies about something that he/she directly witnessed.
What is "first hand knowledge?"
The "story" or non-legal explanation for why your client wins the case.
What is "theory of the case?"
Definition of Hearsay
What is an out of court statement offered for the truth of the matter asserted? (or... an out of court statement offered for its truth)
The party who starts the trial, because....
Who is the Plaintiff or Prosecution? Because they are bringing the lawsuit
What is always "objectionable"?
(1) "yes" or "no" questions; (2) compound questions; (3) leading questions; (4) lengthy questions
What are compound questions?
Types of questions permitted on direct exam.
What are "open ended" questions? (*intended to "direct" the witness in telling their story; 90-10 Rule..... 90% witness, 10% lawyer)
When an attorney shows that a witness contradicted himself/herself in their testimony or shows that the testimony is unreliable.
What is impeachment?
The 3 main differences between a civil and criminal trial.
What is (1) a civil trial is between two individuals and a criminal trial is between the government and a person; (2) a civil trial seeks money damages and a criminal trial may result in jail time; (3) the burden of proof for a civil trial is "preponderance of the evidence" (more likely than not) and a criminal trial is "beyond a reasonable doubt"
The types of examination that come first and second.
What are direct examination and cross examination?
What objection is made to the following... Attorney: You decided to build a porch because your husband is sick, correct? Witness: That's right
What is a leading question on direct exam?
Types of questions permitted on cross-examination.
What are leading questions? (*within the scope of direct exam, *intended to call out inconsistencies)
A witness who possesses specialized knowledge in a particular field relevant to the facts of a particular case.
What is an "expert witness?"
The steps for introducing evidence.
What are (1) ASK to approach the witness (2) SHOW opposing counsel (3) have witness IDENTIFY or discuss the item (4) MOVE into the record (ASIM)?
In the case of State v. Smith, 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.
What is a hearsay exception? Yes it's hearsay, but Mrs. Smith is a party opponent so it is an exception to the hearsay rule.
Decides which of the plaintiff's and defendant's witnesses testify first.
Who is the party calling the witness?
Lay witnesses are NOT allowed to give opinions except........
What is - except when that witness's opinion is rationally based upon their perception AND the opinion is helpful to a clear understanding of the witnesses testimony or the determination of a fact in issue
To correct and explain any misconceptions or ambiguities created during cross-exam.
What is the purpose of re-direct examination?
The process of putting in evidence to prove that a witness is an "expert."
What is "qualify" the witness?
What the court finds the losing party in a civil and criminal lawsuit (two different words).
What is "liable" and "guilty?"
The types of examination that come third and fourth, conducted after cross exam.
What are re-direct examination and re-cross examination?
6 of the 11 types of objections we learned (other than hearsay)
(1) Leading question; (2) narration; (3) relevance; (4) personal knowledge/speculation; (5) opinion (when the witness is not an expert); (6) compound question; (7) badgering the witness; (8) argumentative; (9) asked and answered; (10) outside the scope of direct or cross; and (11) unfair extrapolation (mock trial only)
The process of establishing a witness's connection to the case or familiarity with certain evidence.
What is "lay a foundation?"
With respect to hearsay, OCS and TOMA (extra: hearsay exception SOPO)
What are "out of court statement" offered for the "truth of the matter asserted?" (hearsay exception: "statement of a party opponent")
A summary of the evidence presented in a trial and the legal arguments which show the jury how they should interpret the facts and the judge how the law should be applied.
What are "closing arguments?"