Order of the Trial
Who is the person that presides over the court?
Judge
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.
Which party starts the trial, the prosecution or defendant? Why?
Prosecution. Because he/she is bringing the charges against a person.
Who is the person who gives an opening statement, direct examines witnesses to prove GUILTY, and gives a closing statement?
Prosecuting attorney (or Prosecution)
Who is the person who writes a transcript of the entire trial?
clerk
Do you have to cross examine a witness? Why or why not?
Yes -- because you want to try to twist their words.
No -- because their words may hurt your cast.
What is the difference between a felony crime and a misdemeanor?
Felony = Serious = more than 1 year jail time
Misdemeanor = Minor = less than 1 year jail time
What step of the trial happens after the opening statement?
A direct examination
Who is the person who gives an opening statements, direct examines witnesses to prove their client is INNOCENT, and gives a closing statement?
Defense attorney or defense.
Which is true:
a. The prosecution and defense take turns direct examining their witnesses.
b. The prosecution direct examines all of their witnesses before the defense has a turn.
a
Which is NOT an example of a category of laws?
a. Safety b. Privacy c. Fairness d. Rules e. Order
d. Rules
What happens AFTER both closing statements?
The jury deliberates and comes back with a verdict.
Who is the person who swears in the witness?
bailiff
How are the kinds of questions different in a direct versus a cross examination?
Direct = Who, What, When, Where, Why, How
Cross = Yes or No
What is the burden of proof?
The prosecution has to use evidence and testimony to prove guilt.