THE TRIAL

THE RULES

CIVIL VS. CRIMINAL

ETIQUETTE

Untitled Slide

TRIAL NOTEBOOK

• Pleadings
• Opening & Closing Argument Outlines
• Jury Instructions
• Witness question outlines
• Elements of each charge

THE JURY

VOIR DIRE

• Avoid legalese
• Don't ignore any potential juror
• Ask open-ended questions

Burdens of Proof

How Do You Prove Things?

Direct Evidence

Circumstantial Evidence

OPENING STATEMENT

DIRECT EXAMINATION

• No leading questions
• Leading = question which suggests a desired answer

Leading Questions:

• Isn't it true you were at the restaurant the night of...
• You never saw the financial statements, did you?

CROSS EXAMINATION

• Limited to the subject matter of the direct examination and matters affecting the credibility of the witness.
• Okay to ask leading questions

OBJECTIONS

• Hearsay
• Relevance
• Leading Question
• Privileged (Attorney, Doctor, Spouse, Priest)

Making the Objection Part 1

• "I object. The question calls for a hearsay answer."

Making the Objection Part 2

• The statement is not being offered for the truth of the matter asserted. It is offered to show the statement was made. The making of the statement in question is relevant to show [the effect on a person who heard the statement / a prior inconsistent statement / an operative legal fact or a verbal act / the knowledge of the declarant].

Response:

• "The statement is not being offered for the truth of the matter asserted. Instead, it is offered to show the statement was made. The making of the statement in question is relevant to show [the effect on a person who heard the statement / a prior inconsistent statement]"

What is hearsay?

• An out of court statement offered for the truth of the matter asserted
• Why do we have hearsay?

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Witness Says:

• "Les told me he saw Freeman fleeing the scene"
• "The accountant told me Freeman was furious"
• "I saw John hit Jane"
• "Jane then yelled 'I'm gonna kill you'"

Hearsay Exceptions:

• Excited utterance
• Statement against interest
• Dying declaration
• Recorded recollection

Relevance

• “Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
• Ask yourself "Does it make a difference?"

Making the Objection:

• "I object on the ground that the question calls for irrelevant evidence."

Response:

• "The evidence is relevant because it has some tendency to make more likely a fact which is material to a [claim / defense] in the lawsuit or bears on the weight or credibility of the evidence."

Closing Argument