THE TRIAL

THE RULES

CIVIL VS. CRIMINAL

ETIQUETTE

THE JURY

VOIR DIRE

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

TRIAL NOTEBOOK

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

OPENING STATEMENT

DIRECT EXAMINATION

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

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

Making the Objection

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

Hearsay Exceptions:

• Excited utterance
• Baptismal certificates
• Statement against interest
• Statement under belief of impending death

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.

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."

Burdens of Proof

Untitled Slide

How Do You Prove Things?