General
What are the two types of trials called and why are they called this?
Civil and Criminal. Civil are disputes between two civilians. Criminal are disputes due to breaking specific laws.
How much time does the attorney have to examine the witness during direct examination, and who are they asking questions to during this time?
7 minutes. Their teams' witnesses.
How much time does an attorney have during cross examination? (Trick Question)
They have a guaranteed 5 minutes, as well as any remaining time from the direct examination.
What does Overruled mean? What does Sustained mean?
Overruled means the judge disagrees with your objection. Sustained means the judge agrees with your objection.
What is evidence?
Evidence are the agreed upon, factual pieces of information entered to the court which have relevance to specific aspects of the case.
Your Honor
T or F. An attorney can ask a leading question during the direct examination.
False. Leading questions can only be asked during cross examination.
What type of questions should the attorney ask during cross examination? Explain what these types of questions are? Why should they use them?
1. Leading questions
2. Questions which imply the answer
3. To maintain control of the examination
An attorney must raise their hand and say, "objection". Then, they must briefly explain why they are objecting. The judge then says, "overruled" or "sustained".
Who can give opinions during a trial?
Experts
What is Case Law?
Case Law are the previously decided cases which are relevant to the current case because they provide a foundation of legal understanding.
T or F. An attorney is allowed to ask witnesses to read from their witness statements.
False. An attorney can only doing this when trying to impeach a witness.
What are some common phrases to use when asking leading questions? Give at least 3.
1. Is that true?
2. Is that correct?
3. Would you agree?
4. Right?
What type of objection is required for the following situation?
A: "What happened on the night of December 20th?"
W: "My grandpa is 84 years old and loves eating chocolate cake in front of the fire on cold winter nights."
Objection! Non-responsive answer: failure to answer the question.
What are the pieces of evidence called?
Exhibits
Explain the Burden of Proof. What is the burden of proof needed in a criminal trial? What is the burden of proof needed in a civil trial?
The burden of proof is the responsibility of proving something. A criminal trial requires beyond a reasonable doubt. A civil trial requires preponderance of the evidence.
Give 3 tips for how to make your questions objection proof.
1. Break up your questions to avoid compound questions
2. Break up your questions to avoid narration
3. Qualify your expert witness as soon as you begin their examination
What are the steps necessary to impeach a witness?
1. Identify the error that the witness made
2. Restate what the witness said
3. Confirm the witness gave an honest witness statement
4. Direct the court's attention to a specific part in their statement which goes against what the witness said
5. Read that section such that everyone understands the mismatch
6. Pause and move on to the next question
Does this situation call for an objection? If so, which one and why?
A: "How old are you?"
W: "18."
A: "Where do you go to school and what grade are you in?"
Yes. Compounding question
What are the necessary steps for qualifying an expert during a trial?
1. Legitimize their expertise through the examination.
2. Ask the judge that they be entered as an expert of the specific thing you just legitimized.
3. The judge asks the other team if there are any objections
What is the purpose of the opening and closing statements? What type of information should you include in them? How much time do you have to deliver them?
1. The purpose is to set up your side of the case in the opening, and summarize you case in the closing
2. The opening should include: the facts of the case, the law, the case law, the evidence, the witnesses, what you are going to prove, and the verdict you desire. The closing statement should include: the same as the above with an emphasis on clearly highlighting what your team proved and how that relates to the case.
3. Each team has 5 minutes for both the opening and closing statements
How do you build an effective strategy for a witness during direct examination?
1. Read the witness statement
2. identify all the areas how they help your side of the case, and how they align with the overall strategy of the case
3. Organize your questions such that they build to and highlight those areas
4. Use the evidence, case law, and experts to prove those areas
Imagine you are asking questions during a cross examination, but the witness is not answering how you would like them to. What are 2 ways to solve this problem?
1. Start the series of questions again to make sure the witness understood them.
2. Try to trap catch a mistake from the witness and impeach them
Work with your team to write an example of a opinion objection.
Example
A: "Do you think the accident was the driver's fault?
W (non-expert): "Well, no I don't think they were speeding. It didn't look like it as they drove by."
What are the steps for entering evidence during a trial?
1. Confirm the exhibit with the witness.
2. Ask the judge if this exhibit can be entered