MVP Tips & Final Review Flashcards
(44 cards)
True or False:
A witness should simply memorize that witness’ statement and then should recit it verbatim.
False. Each witness should put the content of the written witness statement into his or her own words.
Reference: p. 70 of the materials.
True or False:
A witness should know the questions he or she will be asked on direct examination as well as the witness knows his or her statement.
True. On direct examination, when your side’s attorney asks you questions, you should be prepared to tell your story. Knowing what you will be asked on direct examination is part of being prepared to tell your story.
Reference: p. 70 of the materials.
True or False:
A witness who contradicts his or her written statement may be impeached by the other side.
True. A witness may be impeached if the witness contradicts what is in that witness’ statement.
Reference: p. 71 of the materials.
True or false:
A question calling for information that is outside the scope of the case materials and beyond any reasonable inference from those materials is objectionable.
True.
Competition Rule 4, p. 71 of the materials, allows an attorney for the opposing team to refer to Rule 4 when objecting and refer to the violation as “unfair extrapolation” or “outside the scope of the mock trial material.”
True or false:
A witness may, during any examination, choose to look at his or her statement.
False: “Student witnesses may not use notes. * * * Unauthorized use of notes by witnesses may be grounds for disqualification from the competition.” Competition Rule 34, P. 79 - 80 of the case materials.
True or false:
A lawyer conducting direct examination may use the witness’ statement to refresh that witness’ recollection of events described in the statement.
True: Rule 612, p. 92
Your witness may need to be reminded. To do that, ask:
- It sounds like you may have forgotten what you said about this in your statement. Have you forgotten?
- Would it help you remember if I were to read a part of your statement back to you?
- At p. __ of your statement you said you were approximately 1 mile from the bulldozers. Now do you remember where you were?
True or false:
This is an example of an objectionable argumentative question:
“You aren’t as smart as you think you are, are you?”
True:
“An attorney shall not ask argumentative questions.” Rule 37, p. 80
True or false:
This is an example of an objectionable question calling for a narrative answer:
“Tell us everything you did at the demonstration.”
True: Attorneys may not ask questions that are so general that they do not call for a specific answer.
Here’s an example of a proper, but still very open-ended question:
“What did you do next?”
True or false:
A witness can freely answer a different question than the question that was actually asked.
False. “A witness’ answer is objectionable if it fails to respond to the question asked.” Rule 37, subpart 5, p. 81
Two ways to deal with a witness who is not answering the question asked:
- Object and ask the Court to instruct the witness to answer the question that you actually posed. Cite Rule 37, subpart 5, page 81.
- Politely interrupt the witness, state that the answer he or she was giving wasn’t responsive, and ask your original question again if it hasn’t been answered.
True or false:
An exhibit is best offered into evidence before a witness is asked any questions about it.
False. Under Rule 37, subpart 2 (P. 81), a proper foundation must be established prior to offering it into evidence.
Five steps to admitting the exhibit into evidence (page 81):
- Tell the witness and court which exhibit you wish to screen share.
- Screen share the exhibit.
- Ask the witness: “Please identify Exhibit __ for the Court.”
- [The witness identified the Exhibit]
- Offer the exhibit into evidence: “Your Honor, we offer Exhibit __ into evidence. Its authenticity has been stipulated.”
True or False:
It is important for the Plaintiff to reserve 1 minute for rebuttal closing argument.
True.
“The Plaintiff delivers the first closing argument and should reserve time for rebuttal before beginning.” P. 82
True or false:
A good closing argument never varies from the script the lawyer giving that argument prepared before the trial began.
False: “A closing argument should be spontaneous and synthesize what actually happened in the court.” P. 82
Competition rule 42, p. 82: “Closing arguments must be based on the actual evidence and testimony presented at trial.”
Bottom line: Start with a script but Listen to the testimony and adapt your closing to fit.
True or false:
A good closing argument is always calm, cool, and restricted to a dry recitation of fact.
False:
Unlike opening arguments, which are predictions of evidence but not the place for explicit argument, closing statements should “be emotionally charged and strongly appealing.” P. 82
True or false:
A closing argument should be an appeal to the jury for the jury to award judgment to the client for whom the lawyer is arguing.
True.
A good closing argument should “reiterate your claim for relief (what you’re asking the court to do).” P. 82
Plaintiff is asking the Court and jury to find in plaintiff’s favor and to require defendant to pay money to the plaintiff as compensation for damages the plaintiff suffered. Read the Plaintiff’s Complaint, pages 12 - 13.
Defendant is asking the Court and jury to find in defendant’s favor, and to dismiss the Plaintiff’s Complaint. Read the defendant’s Answer, page 16.
True or false:
A good closing argument treats both parties equally.
False.
A good closing argument emphasizes “the supporting points of [that side’s case]” and also emphasizes “the mistakes and weaknesses of the opponent’s case.” Scoring Rubric, p. 114.
In otherwords, emphasize the positive of your own case and the negative of the other party’s case.
True or false:
This question is objectionable:
“Ms. Jackson, you have been married eight times so far, haven’t you?”
True:
Objection. A question must call for testimony in response that tends to make a fact of importance in the case more, or less, probably true. Rules of evidence 401, 402. p. 85
In this case, knowning how many times Jackson has been married doesn’t make it more, or less, likely that any fact of consequence to this case is true.
To make the objection: “OBJECTION. Relevance. Rules 401 and 402. The question calls for an answer that doesn’t make any difference to the issues to be decided in this case.”
True or false:
Every witness may testify to a fact even if the witness had no personl knowledge of that fact.
False:
Witnesses, other than experts, “may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.” Rule 602, page 87 - 88.
True or false:
An expert may rely on and testify about facts that the expert only learned from reading the statements of other witnesses.
True:
Unlike “lay” witnesses, experts “can base their opinions on what they read in articles, texts” and records (including the writtens statements of any other witness), even if the expert has no personal knowledge of those facts. Rule 703, p. 93.
True or false:
The primary objective of cross-examination is to show that the witness’ testimony is unbelievable, or at least unimportant.
True.
“An effective cross-examiner tries to show the jury that a witness should not be believed.” P. 88.
An effective cross-examination could also show that the witness has not provided testimony that is useful to the jury. For example, Navarro’s lawyers may want to show by cross-examination that Trini Redbird’s conclusions are subject to so many uncertainties that the jury should treat those conclusions as unreliable.
True or false:
The following are all forms of “impeachment”: (1) The testimony given in court contradicts a statement the same witness made elsewhere; (2) The witness previously engaged in misconduct that tends to show that the witness has been untruthful in the past; and (3) The witness has previously been convicted of a crime.
True: P.88 lists these forms.
True or false:
When a witness testifies, the cross-examiner can impeach the witness simply by stating to the Court that the witness previously signed a statement that contradicts the in-court testimony.
False. It isn’t quite that simple.
The brief version of the best procedure is listed below. See p. 88
- Question: You executed a statement before coming to court, didn’t you? [yes]
- Share the statement page.
- “You just testified here in Court that Jackson was not wearing a shirt, didn’t you?”
- Your sworn statement says otherwise, doesn’t it?
- Specifically, please read aloud lines X - Y of the statement.
Then stop sharing the screen and go to your next line of questions.
True or false:
On cross-examination, it is allowable for the cross-examiner to ask the witness about specific instances of a witness’ untruthful conduct.
True: Rule 608(b), p. 89.
For example, Camden Buchanen knowingly allowed someone to present a misleading report to the City Council.
True or False:
A witness could be impeached on cross-examination by asking about a conviction the witness had suffered as a result of a speeding ticket.
False: Under Rule 609 (p. 90), a witness can be impeached by showing that the witness has been convicted of a crime that “was punishable by death or by imprisonment for more than one year.”
You can’t go to jail at all for an ordinary speeding ticket.
True or false:
It is just as wrong for a cross-examiner to lead the witness as it is for the direct examiner to lead the witness.
False. Different rules apply to cross examination than apply to direct examinations. Rule 611(c), p. 91.
Direct: “Leading questions should not be used on direct examination except as necessary to advance the witness’ testimony.”
Cross: “Ordinarily, the court should allow leading questions * * * on cross examination.”
