Opening and Closing
(moot and mock) The very first thing you should do in any opening
Introduce yourself
Two questions in one: "you went to the park and then the house, is that correct?"
What is a compound question?
The type of question a cross examiner can ask but a direct examiner can't
What is a leading question?
The correct way to say R v. Jones (hint: judges do not like acronyms)
What is "the Crown and Jones"?
We often say that your submissions follow a high school essay format. These are the three sections.
What is an opening, body/skeleton, and closing?
(mock) Remember to mention the two "reus"
What is actus reus and mens reus?
Objection! The lawyer is being mean! (will accept 2 answers)
What is badgering/argumentative?
The type of question typically asked by a direct examiner and not a cross examiner
What is an open-ended question?
Another word for case law (will accept 2 answers)
What is precedence/jurisprudence
During a mock trial, the sides are usually Crown and Defence or Plaintiff and Defendant. But in an appeals court, the sides are ____ and ____
What is the appellant and respondent?
(moot and mock) The part of your statement that describes how you will structure your arguments, so the judge doesn't get "lost"
What is a roadmap?
No rumour spreading in court! The witness is claiming that they only heard about what happened from someone who isn't present at court.
What is hearsay?
Your series of questions is called this.
What is a line-of-questioning?
There is a very important rule in moot court, that is you can't do any outside research beyond the case law cited in your package. This rule is called:
What is 1-degree of separation?
Sometimes a judge will ask for this, but only if you are the first appellant speaker.
What is a summary of the facts/case?
(moot and mock) Your "thesis" (accept 2 answers)
What is a legal theory/position?
The type of objection that only exists in a mock trial.
What is a closed universe objection?
The only type of witness you can ask the opinion of, but you've got to establish them first
What is an expert witness?
The term we use when referring to a case that has no previous case law - completely changing the legal landscape of the initial legislation
What is a landmark case?
When presenting a submission, the judge doesn't like when you read off your paper. So instead of paragraphs, we suggest you format you script using these:
What is points/point form?
(moot) The sentence you add at the very end of your conclusion
"Barring no further questions, I conclude my submissions"
If a judge accepts an objection, the objection is sustained. But if the judge doesn't accept the objection, they say it is ____
What is an overrule/overruled?
Synonym for "witness statement" - the document that contains the witness testimony
What is an affidavit?
The French civil law doesn't use case law, they use this instead: (accept 3 answers)
What is the Napoleonic codes/legal codes/legislation?
Your submission is your overall argument. What are your smaller arguments called? (the ones that back up your overall argument)
What is a sub-submission?