Order of the Trial
People of the Court
Direct/Cross Examination
Miscellaneous
100
What is the first step in a trial?
The opening statement.
100

Who is the person that presides over the court?

Judge

100

Who conducts the direct examination and who conducts the cross examination?

The party that calls the witness conducts the direct examination, and the opposing party conducts the cross examination.

100
What is the theory of the case?
It is the non-legal explanation for why your client wins their case.
200

Which party starts the trial, the prosecution or defendant? Why?

Prosecution. Because he/she is bringing the charges against a person. 

200

Who is the person who gives an opening statement, direct examines witnesses to prove GUILTY, and gives a closing statement?

Prosecuting attorney (or Prosecution)

200
Are the attorneys conducting a direct examination permitted to ask leading questions?
No.
200
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.
300
What comes first, the direct examination or the cross examination?
The direct examination comes first.
300

Who is the person who writes a transcript of the entire trial?

clerk

300

Do you have to cross examine a witness?  Why or why not?

Yes -- because you want to try to twist their words. 

No -- because their words may hurt your cast. 

300

What is the difference between a felony crime and a misdemeanor? 

Felony = Serious = more than 1 year jail time

Misdemeanor = Minor = less than 1 year jail time

400

What step of the trial happens after the opening statement?

A direct examination

400

Who is the person who gives an opening statements, direct examines witnesses to prove their client is INNOCENT, and gives a closing statement?

Defense attorney or defense.

400

Which is true:

a. The prosecution and defense take turns direct examining their witnesses. 

b. The prosecution direct examines all of their witnesses before the defense has a turn. 

a

400

Which is NOT an example of a category of laws?

a. Safety  b. Privacy  c. Fairness   d. Rules   e. Order

d. Rules

500

What happens AFTER both closing statements?

The jury deliberates and comes back with a verdict. 

500

Who is the person who swears in the witness?

bailiff

500

How are the kinds of questions different in a direct versus a cross examination?

Direct = Who, What, When, Where, Why, How

Cross = Yes or No

500

What is the burden of proof? 

The prosecution has to use evidence and testimony to prove guilt.