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

What must a witness do the entirety of the round?

Remain in character

100
What is the theory of the case?
It is the non-legal explanation for why your client wins their case.
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
What does it mean that a witness must have first-hand knowledge of the events that he/she is testifying about?
It means that the witness must testify about something that he/she directly witnessed.
200

What is case theme?

A word, phrase, or simple sentence that captures the controlling or dominant emotion of the theory of the case. The case theme must be brief and easily remembered by the jurors. It must come out in every aspect of the case and be clear and evident.

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.
300

What is probative value?

The level of which evidence is sufficiently useful to prove something in a trial.

Probative value will tip the scale.

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 is the 90-10 rule?

It is the rule that during direct examination the attorney only talks 10% of the time while the witness talks during the other 90%. The reverse is true during cross examination.

400
How does an attorney impeach a witness?
The attorney must show that the witness contradicted him/herself in his/her testimony.
400

What is hearsay?

An out of court statement, made by someone besides the declarant, being brought into court and offered for the truth of the matter asserted.

500
When does the attorney conduct a re-direct examination?
A re-direct examination is conducted right after cross examination.
500
List 5 out of the 8 ground for objections that we learned.
(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

What is an attorney's purpose during a direct examination/What is a witness'?

The attorney's purpose is to tell his client's version of the events through the witness's testimony.

The witness is telling their account of the story in a manner that sways the jury.

500
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.
500

Summarize the 400 Rules

(401-406) (100 points per correct rule)

401-Evidence is relevant if it has any weight in making a fact more or less probable

402- Relevant evidence is admissible unless otherwise said in the rules. Irrelevant evidence is not admissible. (Umbrella)

403- Exclusion of relevant evidence because of prejudice, confusion, or waste of time

404- Character evidence is not admissible to prove conduct, exceptions, or other crimes. Character evidence cannot be used to share that a person acted in conformity with how they've acted before. Issues of truthfulness however, can come in.

405- Character may be proved when argued on the basis of reputation in the form of an opinion. If a character trait is an essential element of a crime, this can be admissible if proved to be specific instances of that person's behavior.

406- Evidence is admissible if it is a person or organization's "routine habit" and has been acted to in accordance with routine practice, regularly occurring events, etc.

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