Order of the Trial
What is the first step in a trial?
The opening statement.
What does it mean when a judge "sustains" an objection?
It means that the objection is valid.
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.
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.
What is the theory of the case?
It is the non-legal explanation for why your client wins their case.
Which party starts the trial, the plaintiff or defendant? Why?
Plaintiff? Because he/she is bringing the lawsuit
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.
Are the attorneys conducting a direct examination permitted to ask leading questions?
No.
How does an attorney impeach a witness?
The attorney must show that the witness contradicted him/herself in his/her testimony.
What is the difference 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 time.
What comes first, the direct examination or the cross examination?
The direct examination comes first.
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.
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.
What must the attorney do before an expert witness's testimony may be heard?
The attorney must "qualify" the witness.
A statement made under oath
An affidavit
Who decides which of the plaintiff/defendant's witnesses testifies first?
The party calling the witness decides.
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 a master carpenter
It is not hearsay because the statement was made directly to the witness.
What is the 90-10 rule?
It is the rule that during direct examination the attorney only talks 10% of the time while the witness talks during the other 90%. The reverse is true during cross examination.
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.
In a civil trial, is the losing party "liable" or "guilty"?
In a civil trial, the losing party is "liable."
When does the attorney conduct a re-direct examination?
A re-direct examination is conducted right after cross examination.
List 3 types of objections in a court case.
(1) Leading questions; (2) personal knowledge; (3) hearsay (4) badgering the witness.
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.
True or False: All eyewitnesses are reliable and accurate.
False. Eyewitness testimony can be influenced by factors like stress, attention, and time since the event.
What must the decision of a jury be in a criminal trial?
Unanimous agreement of either guilty or not guilty.