Steps of a Trial (Part 1)
The verdict is step number...
12
In a criminal trial, the ______________ side always goes first for speeches and evidence presentation.
Prosecution
Introducing a witness to the jury should be done on _____________ examination.
Direct
What date was the alleged incident?
November 29, 1985
True
What is the FIRST step of a trial?
Prosecution/Plaintiff opening statement
Which side always sits closest to the jury box?
Plaintiff/Prosecution
Establishing a witness's background and connection to the case is usually done on ____________ examination.
Direct
What was Sloan Jackson wearing on the day of the crime?
A coat (allegedly blue)*
How should you generally begin an opening statement?
Explaining to the jury why they are here and the basic synopsis of the case.
Direct examination by the defense is step number...
6
Rebuttal is step number...
10
True or false: On a direct examination, the attorney should ask leading questions that imply one word answers.
False
What was Toby Patton wearing on the day of the crime?
Yellow coat
What is the purpose of a closing statement?
What step is motion for dismissal?
5 (after prosecution/plaintiff's case in chief)
Explain what motions are.
Defense can ask judge to dismiss prosecution's charges if they haven't met their burden.
False
According to Bobby Klink, what did Sloan allegedly say when they were apprehended?
"I didn't do anything!" and then "I wasn't even in Famous Fashions"
When writing an opening statement, what is your goal as the attorney?
To give the jury necessary background as well as prime them to listen for specific testimony to support your case theory.
What step is the cross examination by the prosecution?
7 (after defense direct examination)
What does "jury instructions" mean?
Judge instructs jury on what they need to consider for delivering their verdict
On cross examination, what types of questions are asked by the attorney?
Close-ended questions that lead the witness to a specific answer that you want.
According to the prosecution, why did Sloan remove their jacket?
To avoid detection by security
What does it mean to include a "recap of evidence" in your closing? Give an example.
Restating major conclusions from witnesses + exhibits. Ex: You heard from Sloan Jackson that they never even went into Record Mart!
Closing statements by the prosecution and the defense are steps numbers...
8 and 9
Both directs (prosecution + defense) are steps numbers...
3 and 6
The attorney from the opposing side should ask about what kind of content on cross?
Witness bias, poking holes in case theory, mishandling of evidence, credibility of eyewitnesses, etc
Where was the trash can that Sloan disposed of the shirt in located in the mall?
In between Fast Fashions and the yogurt stand
What is the purpose of a rebuttal? How is it different than a closing? Which side gets to do it?
Prosecution; To directly refute claims from the defense's closing. Allows prosecution another chance to meet their burden. Much shorter, more directly focused on attacking defense's theory.
Defense cross is step number...
4
After the defense is finished their case in chief, what steps remain?
8-12 (P Closing, D Closing, P Rebuttal, Jury Instructions, Verdict)
What are some potential issues with Toby Patton's testimony?
Bias, unable to clearly see Sloan, left after they left Famous Fashions
What is the shared purpose of both opening and closing statements?
Giving explicit explanation of your case theory to the jury to help them understand the evidence through the lens of your side's theory.