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 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.
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

How does an attorney impeach a witness?

The attorney must show that the witness contradicted him/herself in his/her testimony, or is bias, or otherwise untrustworthy.

200

What are two differences between a civil and criminal trial?

In a civil trial, the lawsuit is between two individuals that are seeking a monetary (or similar) award. In a criminal trial, the lawsuit is between a person and the state/federal government, and the trial may result in jail/prison time.

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, that is, lay a foundation of their experience and knowledge.

300

If you lose your case at the trial level, what can you do next? 

File an appeal with the appeals court.

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 sorry that she killed her husband.

It is hearsay because out of court statement offered for truth of the matter, but allowed in because the statement is a statement against the party's interest.  

400

What is the attorney's purpose during cross examination?

To impeach the witness.
400
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.
400
In a civil trial, is the losing party "liable" or "guilty"?
In a civil trial, the losing party is "liable."
500
When does the attorney conduct a re-direct examination?
A re-direct examination is conducted right after cross examination.
500

List 5 trial objections.

(1) Leading questions; (2) narration; (3) relevance; (4) personal knowledge; (5) hearsay; (6) stating an opinion; (7) compound question; (8) badgering the witness.  Can also include argumentative, asked and answered, lack of foundation, lack of personal knowledge, opinion, speculation, facts not in evidence, character evidence.

500
What is an attorney's purpose during a direct examination?
The attorney's purpose is to tell his client's version of the events through the witness's testimony.
500

How do you force a witness to come to trial?

Subpoena.

500
What two types of cases go to Federal court and not state court?

Federal question cases and people in different states suing each other.  

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