Setting the scene
What is the definition of Testimony?
A witness tells the court what they saw, heard, did, or experienced in relation to
the incident in question.
What is the definition of argumentative?
Argumentative questions challenge the truthfulness of a witness’ testimony without reason or seeking new information
What is physical evidence?
Articles such as weapons, drugs, DNA, fingerprints, etc., that can provide clues to the facts
Every question must ask for new information. An attorney cannot ask for the same information again to emphasize a point.
Asked and answered
preponderance of the evidence has to be proved in what type of case?
Civil
What is the definition of hearsay?
Hearsay is a statement made outside the courtroom by a person who is not the testifying witness and is offered to prove the truth of what is in the statement without the person who made the statement having to testify and be cross-examined about it.
Beyond a reasonable doubt has to be proved in what type of case?
Criminal
Attorneys may only ask questions on cross-examination about testimony raised during direct examination.
Outside the scope of direct/cross-examination
What is the definition of Accident or lack of intent?
Presenting evidence that the defendant reasonably
misunderstood the facts of the situation or did not intend to either do a particular act or to
cause a particular result of an action
What is the definition of Badgering?
Attorneys are said to be badgering a witness when they treat them rudely, often not allowing time to answer questions asked before asking another