Order of the Trial
What is the first thing you address once the judge takes the bench?
Housekeeping
What are the two ways a judge can respond to an objection?
Sustained or overruled
What comes first - direct or cross?
Direct
What is the most important thing as a mock trial witness?
Follow the packet/don't get impeached!
What is a "preponderance of evidence?"
Which party starts the trial?
Party with the burden - prosecution or plaintiff
What is a leading question?
A question that assumes/directs the answer
What type of questions is an attorney allowed to ask during a direct examination?
Open ended questions
What is a "pocket question?"
A backup question to have in case your last question gets a sustained objection.
How do you start an opening statement or closing argument?
May it please the court.
What is the point of a re-direct examination?
A redirect examination is a direct examining attorney's opportunity to challenge what was said during the cross examination.
What makes a person an expert?
Their knowledge, skill, experience, training, or education
Why do we stand when addressing the judge?
How do you end an examination of a witness?
Thank you, no further questions.
Is the following hearsay? Witness: Ms. Smith showed up at our door. Attorney: What did she tell you? Witness: She said Brian murdered her husband.
Yes, it is an out of court statement being offered for the truth of the matter asserted
Which witnesses are allowed to express opinions during their testimony?
How does an attorney impeach a witness?
The attorney must show that the witness contradicted him/herself in his/her testimony by confronting them with the prior statement and showing that they lied.
What is the judge's role versus the jury's role in a trial?
The judge decides on the law; the jury decides on the facts.
List 2 grounds for objections.
(1) Leading questions; (2) narration; (3) relevance; (4) personal knowledge; (5) hearsay; (6) stating an opinion; (7) compound question; and (8) badgering the witness.
What are the foundational questions for entering evidence?
What is the point of impeaching a witness?
To show they are a liar and their testimony cannot be trusted.
What is the result of a trial called?
The verdict