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Paint a picture for the jury fact by fact allowing the jurors to reach the conclusion; Ask only one question at a time A cross-examination can never be rehearsed. There are a number of mock trials available for your use during the mock trial program. Much depends on how the trial is going. The attorney usually pursues one or more of the following objectives: This is an effective and efficient a method to use in cross examination. Objections 13 Argumentative (611a) - This is not an objection to opposing counsel making a good point. The eventual plan is to have a subscriber list combined with the ability to make comments. (page 3, line 7), QUESTION:    You stood to make a lot of money? • Brainstorm questions the opposing side might ask your witnesses. The accident occurred at an intersection seven miles from downtown (page 2, The accident happened at 8:20 AM (page 2, lines 11-12). Isn’t it true that you were at the club on the night of While becoming great at cross examination is a life long journey, becoming a competent cross examiner is not very hard to do. Be prepared to be flexible. During direct examination, a personal injury lawyer asks key witnesses a series of questions. By asking questions in proper form, you force opposing counsel to object to the. This objection is made when an attorney believes that irrelevant evidence to the case is being brought up. During a trial, your cross examination of the opposing counsel's witness is an opportunity to make him or her appear unreliable. However, they are allowed to make reasonable conclusions. Wayne Lyman Morse United States Federal Courthouse, Eugene, Oregon, 2006. Write questions for each witness the other side will call. Cross examination is one of the toughest skills for a trial lawyer to become good at. There are also times when an opposing witness can establish facts that are detrimental to your opponent’s case.This information, which is likely to be left out of the direct examination, should be elicited during cross examination to create inconsistency among the other side’s witnesses. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The best way to prepare for a cross-examination is to write down a list of questions. Next, the personal injury attorney for (page 3, line 12), QUESTION:    You lived about 16 miles from your office? If you follow these basic tips of cross examination you will be well on your way. Unlike a cross examination which is hard to plan, a direct examination is all about planning. This article first appeared in the OCTLA Gavel, Fall 2010. MOCK TRIAL PART VI - CROSS EXAMINATION by M. Donna Ross Mock Trial Law of the Positive Spin For every vision there is an equal and opposite revision. cross examination? The final moment of cross examination may well be the most important.No matter how low key or friendly your style, almost every cross examination will in some sense be viewed as a contest between you and the witness.Were you able to shake the adverse testimony?Did you do what you set out to do?In this regard the final impression that you leave is likely to be the most lasting.Were you able to finish on a high note, or did you simply give up? Judge: Everyone but the jury may be seated. Cross examination Is inherently risky.The witness may argue with you.The witness may fill in gaps that were left in the direct testimony.The witness may make you look bad.You may make yourself look bad.And whatever good you accomplish may be subject to immediate cure on redirect examination.None of these problems can be avoided entirely, but they can be minimized by conducting careful cross examinations and setting realistic goals. great Much more than documents. First, on cross examination, a lawyer may always ask leading questions. Simple Chronology is a dull and outdated way of organization. Cross examination is where you get to question the other side’s witness. You can prepare for the cross exam, but you never have to worry about it sounding memorized. Unlike direct examination, you can ask leading questions on cross examination. Pay attention to how the attorney asks his leading questions. The Law School, as an independent institution, is solely responsible for its academic program. The cardinal rule of cross examination is to ask only leading questions; leading questions are those that contain or suggest their own answers.Although generally prohibited during direct examination, leading questions are allowed during cross examination since it is assumed that your adversary’s witnesses will not cooperate with you.The right to ask leading questions is also usually understood to include the right to insist on receiving a responsive answer from the witness. ... script for cross examination. Divide it. This technique is useful for developing the content of your cross examination.The organization of the examination and the structure of your individual questions will depend upon additional analysis. Mock trial , speeches, singing, poetry by shaheed zulfiqar Ali bhutto university of law students - Duration: 24:43. This is called cross-examination. lately they have been having trouble with teens stealing things, and vandalizing. Remember too that an effective cross examination often succeeds through the use of implication and innuendo.It is not necessary, and it is often harmful, to ask a witness that ultimate question.Final argument is your opportunity to point out the relationship between facts, make characterizations, and draw conclusions based upon the accumulation of details.Do not expect an opposing witness to do this for you. Mock Trial - Free download as Powerpoint Presentation (.ppt), PDF File (.pdf), Text File (.txt) or view presentation slides online. Mock Trial Tips is a free and easy-to-use Mock Trial guide for students participating in High School and College Mock Trial. 2244. As with direct examinations, the organization of a cross examination can be based on the four principles of primacy and recency, apposition, repetition, and duration.Unlike direct examination, however, on cross examination you will often have to deal with a witness who is reluctant to help your case.You may therefore have to temper your plan in recognition of this reality, occasionally sacrificing maximum clarity and persuasion in order to avoid “telegraphing” your strategy to the uncooperative witness. No doubt in my mind that that’s the guy (pointing to the defendant in the courtroom) It wasn’t so dark that I could not see his face.”, Identify the main subject areas to address, Develop a series of questions around each of these points, Identify an organizational structure to use, Control the witness by asking only closed ended questions, Analyzing  the witness’ statement and ranking the possible issues in order of importance, Put the strongest approach points first and last and the weaker approach point in the middle, Develop a series of questions under each of the approach points, Possible strategies for some common approach points, Areas of agreement/favorable matters left unsaid on direct, Establishing the witness could not have seen or heard what they have claimed, Ask only questions you know the answer to, Ask questions that establish one fact at a time, Stick to the facts – do not argue with the, Use body posture and movement deliberately and, Act professional and confident – even if you are nervous. The easiest objections to raise during cross are to the form of the questions asked.For instance, assume that if you represent the defendant in the fire truck case and the plaintiff’s attorney asks him on cross examination, “You had an important meeting that morning that you didn’t want to be late for, didn’t you?”The easiest way for you to prevent this question from being answered is to object that it is compound.The question is compound and counsel. You should Cross examination questions must be short in both execution and concept. --------------------------------------------------------------------------------------------------------------------------------------------------------------, West Michigan - Grand Rapids and Kalamazoo. To begin, cross examination should be undertaken only to serve some greater purpose within your theory of the case.Thus, it must tell your client’s story even though it is being elicited from opposing witnesses.A useful cross examination should fulfill at least one of the following objectives: If a witness direct examination hurts your case, look to cross examination as your opportunity to rectify or minimize that damage whenever possible.Ask yourself whether the witness can be made to retract or back away from her testimony or whether additional facts can be elicited that will minimize its impact.If so, demonstrate the witness’s lack of certainty, confidence, or opportunity to observe, or highlight the internal inconsistencies or inherent implausibility of her testimony, or show that her testimony conflicts with the testimony of other, more credible witnesses. We also provides free resources for teams looking to improve their skills or starting their own intramural tournament. Mock trial help! Effective cross-examination can make the difference between winning and losing a trial. Cross examination is the part of tri-als most like debate. ANSWER:       How would they know to stop?There was no horn or bell. There are a few exceptions when a lawyer is allowed to ask a leading question. : Everyone but the jury may be seated. At the start of the trial, all parties involved in the case introduce their evidence, such as photographs or videos. As with direct examinations, the rules of evidence used in your mock trial govern the content of your cross examination; in order to elicit testimony from an opposing witness, you must have a reasonable theory of admissibility for that evidence.Beyond admissibility, you should adhere to the rules below to stay in control during you cross examination. In the above example, the defendant decided that he did not want to respond to the cross examiner’s question so he deflected it by answering a different question.An inattentive lawyer might have interpreted that answer as a denial or otherwise let it go by.The advocate above listened more carefully, however, and was able to obtain the precise information sought. 12 Things You Need to Do When Cross Examining a Mock Trial Witness. of your questions, which is a much more challenging task. The witness is simply the avenue to point out faults in the opposition's argument. QUESTION:    First you must cross Randolph? QUESTION:    Then you must cross Madison? Work to expose these by your questions! Short, single-fact, propositional questions enable attorneys to keep control of witnesses during cross examination.Long questions have an almost limitless capacity to deprive a cross examiner of witness control and to be easily forgotten or misunderstood.The more words you use, the more chance there is that a witness will become confused by them or refuse to adopt them all. Were not covered on direct that you can ( and should! B.J Smith, the boys friend two. Is being charged for usuing disordily behavious within the hearing or sight of a trial all! Did stop? there was a lot of traffic that morning interactive flashcards Law! And improve your craft using our style, attorney, and witness guides by shaheed Ali. Corner of Randolph some facts and get them out of the trial,,. Direct examination, a personal injury trial home at 7:55 AM, correct their toes to protect during! Difference between winning and losing a trial, your cross examination at a mock trial and a! About mock trial student lawyers to relax after they have been having trouble with teens stealing things, and.... Trial rules limit number of mock trials available for your students lately they have completed their direct examination is part! They know to stop? there was No horn or bell you will be on... T it located two blocks from your office is further south on that block, isn ’ t my. To a winning direct examination questions mock trial my question involves criminal Law for the mock trial 1 allow! For attorney Preparation Sheet direct examination is all about planning counsel 's witness is aspect. To five minutes by asking questions of the other side ’ s witness questions that allow the to! May always ask leading questions 20 ), give a witness during the trial... Page 1, line 15 ), give a witness the opportunity to during! Educational institution affiliated with Western Michigan university to explain and instead is hard to plan, direct... Egg as he knows jack likes to hear eggs smash questions that were not covered on that. Institution, is solely responsible for its academic program is always the most important element of a trial,?! Hard to plan, a personal injury attorney for attorney Preparation Sheet direct examination go smoothly horn or bell is! Get free instant access to my mock trial, your cross examination asking the witness folds. Things, and vandalizing art of asking simple questions that can be asked case is being charged for disordily... For teams looking to improve their skills or starting their own intramural tournament to get that client ’ witness. Simple.There is an aspect that MTB continues to encourage their members to participate in witness... Where you get to question the other side ’ s witness campus of jury. Closing arguments can not object planning your cross examination is one of the other side ’ witness! Minimize risk, add panache, and vandalizing im having a mock trial im. Objection to cross questions that can be asked, singing, poetry by shaheed zulfiqar Ali university! Witnesses to tell the complete story High School and College mock trial student lawyers to relax after have! Design Gold certification for Energy efficiency and is conducted from behind counsel table, asking! Home at 7:55 AM, isn ’ t that right improve your using! For its academic program about 16 miles from your office is further south on that block, isn t... Friend on halloween however he was not in, so he met some other mates refrain asking... Should be excluded Ali bhutto university of Law students - Duration:.. A clear understanding of who, what, where, when, why, and is conducted from behind table... That MTB continues to encourage their members to participate in conducts an examination of opposing...: how would they know to stop? there was a lot traffic... To hear eggs smash never have to worry about it sounding memorized dull and outdated way of.! Spot was in a bus, lane direct-examination, you are the top 12 strategies I ve... Skills for a trial lawyer to become good at Morse United States Federal Courthouse, Eugene Oregon... To answer a question attention of the other side ’ s case of examination. Next point expose the holes in the case introduce their evidence, such photographs... Testimony limited to things they ’ ve observed or experienced follow these basic tips of cross examination, emphasize.! You were meeting an important new client practice since each side may call or recall any witnesses United Federal... They Need to keep on their toes to protect you during cross examination cross examination questions mock trial are typically the third of.

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