Procedure
What do you do when the judge enters the courtroom?
Stand up
- regardless of your role
During Direct Examination
Q: "Mrs. Lockwood, you were at the grocery store at 2 A.M. on Friday, right?"
Leading Question
On Directs by Defense
(*Note: Mariana is the defendant, and her friend is on the witness stand.)
D. Attorney: "What did Mariana say to you?"
Hearsay
(*Note: The only exception would be party-opponent. However, since this is defense asking the questions, and the statement being requested is one by the defendant, the defense is attempting to elicit a statement from their own party.)
When can you ask leading questions?
On Cross-Examination
Who is able to give their opinions during a trial?
Experts (with some limitations)
As an attorney, what do you do when you have an objection?
Stand up, and say "Objection, your honor."
- Also, state the grounds of your objection
"Did you conduct a thorough walkthrough around the building and alert the manager when you noticed a hole in the window?"
Compound Question
- A: "I heard from Ian who heard from Kelly that Mrs. Lockwood was at the grocery store."
Hearsay Within Hearsay
How do you offer exhibits into evidence?
1.) Show it to opposing council
2.) Request to approach the witness
3.) Show it to the witness and verify authenticity
4.) Request to the judge that the exhibit be entered into evidence
Who qualifies as an expert?
What does the judge say if they agree with an objection?
Sustained
Q: "Mr. Farina, do you like ice cream?"
(*Note: The case is a lawsuit where the plaintiff, Mr. Farina, is sueing a company for selling him a faulty product.)
Relevancy
During Direct Examination
Q: "Did you visit the library at anytime on August 13?"
- A: That day, I was playing Nerf with the bros.
Non-Responsive Answer
As an attorney, whenever you get stuck on defending against an objection, who can you consult for help?
Your co-counsel (your teammates sitting at the table with you)
What are questions that are used to verify an expert witness' expertise in a particular field?
Foundational Questions
What does the judge say if they disagree with an objection?
Overruled
During Cross-Examination:
Q: "Mr. Laslow, the light was red when you drove past it, correct?"
- A: "Yes, I suppose it was."
Q: "So, just to be clear, the light wasn't green at the time, right?"
Asked and Answer
Q: "Where was the vehicle when you saw it?"
- A: "I saw a car speeding down Main Street. It ran the red light and collided with another vehicle in the intersection. The impact was very loud, and I immediately ran to the scene to check if anyone was hurt."
Narrative Response
What do you do if the judge sustains an objection made while you're in the middle of directs or crosses?
Either rephrase the question, lay foundation, or move on to a different question (to be honest, it depends on the objection).
Who are able to only give opinions based off of their own rational perceptions?
Lay-Witnesses (non-experts)
What do you do if your objection is overruled?
Calmly sit back down.
- A: "Well, Mr. Farina was in the nearby area of the building. He's likely the one who broke into it."
Speculation
Q: "What's your relationship with the defendant?"
- A: "Well, in the time I've known him, he's always been an aggressive individual. It's only natural he'd commit this crime."
Improper Character Evidence
- Also, speculation
As an attorney, who do you look at whenever you're arguing something?
The Judge or Jury
(*Note: It's also a good idea, even as a witness, to avoid looking at the audience and mock trial coaches)
What question cannot be asked towards an expert witness?
Ultimate Opinion Testimony
(ex: "The wounds near the neck clearly indicate that only a tall person, like Jeremy, could've left those marks.")