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 cross-examination?

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.
200
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.
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 is an expert witness?

Someone who has experience or qualifications to testify to certain information.

300

Who is the one who maintains order in the court?

The bailiff
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 a master carpenter

Yes, because it is an out-of-court statement.

400

What is the 90-10 rule?

It is the rule that the attorney only talks 10% of the time during direct examination, while the witness talks during the other 90%. The reverse is true during cross-examination.

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

What is the trial called when a judge is deciding the case?

A bench trial

500
When does the attorney conduct a re-direct examination?
A re-direct examination is conducted right after cross examination.
500
List 5 out of the 8 ground for objections that we learned.
(1) Leading questions; (2) narration; (3) relevance; (4) personal knowledge; (5) hearsay; (6) stating an opinion; (7) compound question; and (8) badgering the witness.
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

Who are the only people allowed to testify to what another witness said?

The defendant and the expert witnesses.

500

What is the legal term for a responsibility to prove a claim?

Burden of proof.

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