Direct/Cross Examination
A question that suggests the answer and often suggests a "yes" or "no" answer.
What is a leading question?
See SCRE 611(c) Leading Questions--Leading questions should not be used on direct examination except as may be necessary to develop the witness' testimony.
This person usually instructs everyone to rise for the entry of the judge and usually swears in the witnesses.
Who is the bailiff?
This person provides evidence in the case in the form of testimony.
What is a witness?
See SCRE 601 through 615
You want to enter a permitting file for a permit granted by SCDES. This exception is one way to overcome an objection to hearsay.
What is the public record and report exception?
See SCRE 803(8) Records of Public Records and Reports--Records or reports of public offices or agencies setting forth matters observed pursuant to a duty imposed by law.
In the movie "A Few Good Men" the actor Jack Nicholson shouts to the actor Tom Cruise: "you can't handle" this.
What is the truth?
- "A Few Good Men" (1992), fictional Marine Col. Jessup as a witness famously (and oft quoted) shouts: "You want answers?! (Lt. Kaffee shouts back "I want the truth!") You can't handle the truth! Son, we live in a world that has walls, and those walls are guarded by men with guns. . . . "
During this type of testimony an attorney may (and should) use leading questions.
What is cross-examination (or re-cross)?
See SCRE 611(c) Leading Questions--Ordinarily leading questions should be permitted on cross-examination.
This person keeps order in the court during trial and keeps pro se litigants from getting off track.
Who is the judge?
A witness with scientific, technical, or other specialized knowledge.
What is an expert witness?
See SCRE 702 Testimony by Experts
You want to enter into evidence the statement that a party to the case owns the dam in question. This person stated to the dam inspector, "Heck, yeah I own this property and if you come near it, I'll wax you like a candle." The opposing party objects. You can argue this to get the statement into evidence.
What is an admission by a party-opponent?
See SCRE 801(d)(2) Statements Which Are Not Hearsay--The statement is offered against a party and is . . . the party's own statement,
In the movie "My Cousin Vinny" Vinny calls young people this.
What is "youts"?
"The light was red, was it not?" is this type of question.
What is a leading question?
See SCRE 611(c)
This is what attorneys usually say first when they address the court.
What is "May it please the court?"
The type of evidence from a witness who actually saw, heard, or touched the subject of the interrogation.
What is direct evidence?
After finding an enormous pile of tires abandoned in the woods, a hiker immediately stated on seeing the pile, "My goodness, there were so many tires, I bet you could see it from space!!" This is a way to get that statement into evidence.
What is an excited utterance?
See SCRE 803(2)--A statement describing an event made while the declarant was perceiving the event.
The name of Harper Lee's main character in "To Kill A Mockingbird," a small-town iconic Alabama attorney.
What is Atticus Finch?
An attorney questioning his or her own witnesses typically begins with these types of questions.
What are non-leading or open-ended questions?
This party sits closest to the jury box in a courtroom.
Who is the prosecution/plaintiff or the party with the burden of proof?
This is the standard of review of an appeal of a decision by the ALC.
What is substantial evidence?
When asked by an observer, "Did you dump all these toxic chemicals in the river?" The person looks down and shakes his head up and down. True or False--the head shaking comes in as evidence because it's not hearsay.
What is False?
See Rule 801(a) Statement--The definition of a statement includes nonverbal conduct if it's intended to by the person to be an assertion.
In the movie "Amistad" this character and former president argues the case to the U.S. Supreme Court.
Who is John Quincy Adams?
A witness testifies on direct examination. The opposite side cross-examines the witness, and a new matter is brought out during cross-examination. This is what the attorney who originally called the witness could do to counteract any damaging testimony made during cross-examination.
What is re-examination?
See SCRE 611(d) Re-examination and Recall--A witness may be re-examined . . . as to any new matter brought out during cross-examination.
This is what you do prior to court to ensure that everyone knows what piece of evidence you are discussing with a witness.
What is pre-mark evidence?
You and the other side work to settle the case. You get close but are unable to settle. True or False--the fact you were willing to settle is admissible at trial to prove liability.
What is False?
See SCRE 408 Compromise and Offers to Compromise--Evidence of conduct or statements made in compromise negotiations are not admissible.
True or False--Prior statements by a third-party witness who refuses to testify in court given during an earlier deposition would not be admissible.
What is False?
See SCRE 804(1) Hearsay Exceptions Declarant Unavailable--The witness meets the definition of being unavailable because the witness refuses to testify. The statement meets the definition of former testimony as a deposition.
This is defense attorney Mickey Holler's primary law office.
What is a blue 1963 Lincoln Continental convertible?