Order of the Trial
This is the first step in a trial.
What is the opening statement?
This is what a judge says when they agree an objection is valid.
What is "sustained"?
This person's role is to tell their client's version of the events through the witness's testimony.
Who is the directing attorney?
True or False: Witnesses should not add accents or creative personalities when testifying.
What is "false?"
These are two ways to be respectful when speaking to the judge.
What are (1) standing; (2) saying "Your Honor"; (3) asking the judge's permission to enter the well; (4) asking permission before approaching the bench; (5) and beginning opening and closings with "May it please the court..."
This is the side that starts the trial with the first opening statement and witnesses, and why they get to do so.
Who is the Plaintiff/Prosecution? Because he/she is bringing the lawsuit and have to prove a case.
Of the following, the one that is always objectionable on direct examination: (1) questions with "yes" or "no" answers; (2) lengthy questions; (3) leading questions?
What are leading questions?
The part of examination when leading questions are permitted (and even expected).
What is cross-examination?
This is the term for when an attorney shows during cross examination that a witness has lied or contradicted him/herself in his/her testimony.
What is impeachment?
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.
This is the type of witness examination that comes first.
What is the direct examination?
The objection that always applies to the following question in a murder trial:
Attorney: Last year you built a porch with your husband, correct?
What is relevance?
This is the term for asking a witness questions to challenge what was said during the cross examination.
What is a re-direct examination?
This is the term for what must the attorney do before an expert witness's testimony may be heard.
What is the attorney must "qualify" the witness as an expert?
These are 3 of the 4 exceptions to hearsay.
What are (1) admission against interest; (2) state of mind; (3) Business Records; and (4) excited utterance?
This is who decides the order of the the witnesses testifying.
Who is the party calling the witnesses?
The objection to the following question and answers:
Witness: Ms. Smith showed up at our door. Attorney: What did she tell you? Witness: She said she was a master carpenter.
What is hearsay?
This is who should take center stage and do most of the talking during direct examination.
Who is the witness?
This is the only time a witness can invent facts.
What is when the crossing attorney asks them to invent facts?
This is the term used to describe the losing party in a civil trial.
What is "liable?"
This is when an attorney conducts a re-direct examination.
What is right after cross examination?
List 8 out of the 11 ground for objections that we learned.
(1) objection not in the Mock Trial rules; (2) relevance; (3) improper character evidence; (4) Leading on direct; (5) beyond the scope of previous examination; (6) More than three questions on redirect; (7) More than three questions on recross; (8) Hearsay; (9) opinion by a non-expert; (10) witness invents facts on cross; and (11) speculation
This is the term for when a witness gives an unnecessarily long answer, going beyond the question asked.
What is "narration?"
This is when a witness should be aggressive, hostile and unhelpful in answering questions.
What is "never?"
This is why the opening is a "statement" and the closing is an "argument."
What is, the opening only states facts that will be shown, but the closing states your side's opinions based on the facts in evidence?