Vocab
The initial questioning of a witness, by the party that called them to the stand
What is direct examination?
The practice of attacking a witness’s credibility to get them off the stand. This is when a team decides Oogie Boogie (their witness) is not helping them and tries to stop the disaster.
What is impeaching a witness?
Most questions should be answered in this way by the witness.
What is a yes or no answer?
Name the type of question. Jack the Clown asks "Isn't it true that you saw the pumpkin explode?"
What is a leading question?
(Yes/No) Would this be an example of hearsay? You are going trick or treating, and you are given an apple instead of candy.
Yes, since it's absence of regularly conducted activity
A person that institutes legal proceedings against someone in respect of a criminal charge
What is the prosecutor?
Identify the type of objection that could be used. On direct examination, an attorney asks “Isn’t it true that you were in a haunted house and scared by Zero last Halloween?”
What is an objection to leading questions?
(True/False) A team member/witness (testifying as Oogie Boogie) can use their notes.
False. Only attorneys can use notes.
The two types of examination.
What are cross and direct examination?
Most hearsay exceptions occur on this type of examination.
What is cross examination?
A person who saw or heard the murder take place in the haunted house, or has some other knowledge of the event
What is a witness?
A team asks the court to recognize that there are 12 caramel apples in a dozen.
What is asking for judicial notice to be taken?
A witness would say this if they are unsure how to answer a question given by the attorney. (Multiple acceptable answers)
What is "I don't know"?
What is "I don't recall"?
Ask for clarification
Explain the differences between the two types of examinations.
Direct is the questioning of the attorney's own witness. Cross is the questioning of the other side's witness.
Name the type of hearsay utterance. You go to a haunted house, and someone jump scares you, then you are asked to explain your experience.
What is excited utterance?
An out-of-court statement offered to prove the truth of whatever it asserts
What is hearsay?
Name the objection that would be called for this. The witness, Jack Skellington, is asked which holiday he prefers. He responds with the phrase black cat.
What is a nonresponsive answer?
(True/False) Once asked a question in cross examination you should respond right away so you do not take up the time of the other team.
False. Take your time (a couple seconds) to answer correctly, but do not stall.
Explain what an attorney must do if a question they ask is objected to and sustained by the presiding judge.
What is rephrase the question and withdraw it?
Name whether this is regularly conducted activity or absence of regularly conducted activity? You go to Halloween horror nights and Jack the Clown lets you skip the line of your favorite ride. He explains that he is allowed to do this for one person every hour.
What is regularly conducted activity?
The state of being legally responsible for something
What is liability?
A plea in which the Hitchhiking Ghost accepts any punishment the court may decide but does not accept or deny his responsibility.
What is a nolo contendere plea?
(True/False) If you make a mistake when answering a question, you should just go with it and pretend nothing happened.
False, calmly retract your statement. Correct your mistake immediately.
This is the way attorneys must obtain information during court proceedings.
(Answers may vary) What is asking probative, relevant questions?
You are asked to recall events that occurred last Halloween. State if this is hearsay, and if so name the type.
What is recorded recollection?