Suppose you do refrain from asking the witness to explain and instead he asks you if he may explain. Coordinate with the Attorney that is Doing the Closing Argument It is important that you discuss your direct examination with your classmate that is doing the closing argument.
Unfortunately, this will not always be possible. You can prepare for the cross exam, but you never have to worry about it sounding memorized. How often in the last two months has your cousin had to pick the children up at after-school care due to your work schedule?
I awoke on the morning of the accident at 7: Left in the last three months? 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.
Lay the Foundation for Your Questions If you have an expert witness, you will need to establish his or her qualifications before they can render an opinion.
Did X stop for the stop sign? You may ask leading questions — that is, give the witness the answer you are looking for in your question.
Then, if your entire examination seems to fail, if the witness denies every proposition and the judge sustains every objection, you can always skip to your last question and finish with a flourish. Hearsay If a witness offers an out-of-court statement to prove the truth of the matter asserted in that statement, the statement is hearsay.
Save a zinger for the end Always end with a zinger. You have a monthly parking contract at the Garrick garage? There was a lot of traffic that morning?
In some cases, you may use emails or text messages. An example of a narrative question would be "Tell us everything you did that day. In this context, control means only that the examination follow the course that you have selected and that the information produced be only that which you have determined helpful.
Whatever you do, pick a method with which you are comfortable and be consistent so that you can effectively train the witness to answer your questions. If you do not already know the explanation, then cross examination surely is not the time to learn it. Correct the problem yourself You can often correct an unresponsive answer by simply re-asking your question.
Consider the following scenario from the fire truck case:MOCK TRIAL SCRIPT Bailiff: Please rise. The Court of the Second Judicial Circuit, Criminal Division, is now in session, the CROSS-EXAMINATION QUESTIONS for DEFENSE WITNESS #3.
A cross-examination can never be rehearsed. You can prepare for the cross exam, but you never have to worry about it sounding memorized. You never know how the adverse witness is going to answer a question.
The best way to prepare for a cross-examination is to write down a list of questions. Re-direct and re-cross are not required aspects of the mock trial tournament and student attorney scores will not be lowered for failure to conduct re-direct or re-cross.
However, a team that has learned how to conduct a re-direct or re-cross appropriately is likely to earn a. The mission of the Mock Trial Board is to encourage and assist Thomas M. Cooley Law School students in developing the leadership, civility, and effective advocacy skills necessary to confidently proceed to trial.
when you begin writing your Mock Trial. Step Writing the Cross Examination Questions A. The cross examination questions are the questions a lawyer asks the witnesses from the other side. The job of the lawyer asking the questions is to have the jury doubt the testimony of the witness.
In the cross examination, the lawyer really gets to testify. Learn mock trial questions with free interactive flashcards. Choose from different sets of mock trial questions flashcards on Quizlet. Log in Sign up. mock trial questions Flashcards. Matters raised by the opposing attorney on .Download