Courtroom Skills

Question 1

What are the two main types of witnesses called in court?

Answer 1

Professional witness

Expert witness

Question 2

What is a Professional witness?

Answer 2

A professional witness is a witness of an incident in person (i.e. was
present at the time/scene) these witnesses may include Police Officers or indeed,
Forensic Scientists who gathered physical evidence.

Question 3

What is an expert witness?

Answer 3

An expert witness, in the UK and some overseas countries, is a person
whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. An Expert Witness did not have to be present at the time of the incident in order to make an opinion- based on literature and the interpretation of given evidence.

Question 4

Who else may be asked to give evidence?

Answer 4

Civillians

Question 5

What must all witnesses remember?

Answer 5

Their duty is to the Court, not one side or another. Unbiased

Question 6

Who hires an expert witness?

Answer 6

Contact from a legal professional or detective/police officer

Question 7

Who can’t hire an expert witness?

Answer 7

a ‘litigant person’ i.e. the person involved in the lawsuit as it as seen as witness can’t be biased

Question 8

What might the instructor request from the expert witness?

Answer 8

A written report, having supplied their evidence to you

Question 9

What should a written report consist of?

Answer 9

Short biography of the author(s) (reports may be joint, or any assistance may be disclosed) Listed information and your understanding of the instruction
You must assess the quality of your references- credible? High powered study? Unique case study

Question 10

Why shouldn’t you guess when writing a report?

Answer 10

Opposition may have another expert witness to argue against you

Question 11

What kind of case can you have in England?

Answer 11

Either a criminal or civil case

Question 12

What is the order of courts you go to in order of seriousness for a criminal case?

Answer 12

Magistrates Court
Crown Court
Court of Appeal
Supreme Court

Question 13

What is the order of courts you go to in order of seriousness for a civil case?

Answer 13

County Court
High Court of Justice (Queen’s bench, Chancery and Family)
Court of Appeal
Supreme Court

Question 14

Who are solicitors?

Answer 14

Legally Qualified, may form a partnership or join a law firm. Generally act in lower courts

Question 15

Who are barristers?

Answer 15

Barristers (England) Advocate (Scotland): Have completed their law degree, and Bar exam (“approaching the Bar”) Self-employed and generally specialised, they act in higher courts QC (Queens Council)

Question 16

Who are “Silks”?

Answer 16

“Silks”: generally an eminent lawyer (barrister or advocate) who has obtained an extreme reputation and has been appointed by the Queen on the suggestion by the Lord Chancellor to be one of “Her Majesty’s Counsel Learned in the Law

Question 17

What do senior counsel/ senior advocate get their title awarded from?

Answer 17

On jurisdiction. Privileged to the Bar. Based on merit rather that particular experience

Question 18

What happens in a Magistrates Court?

Answer 18

3 people, if 2 can’t make a decision one has the power of the decision, no legal training, not paid. Clark of court- legally trained, advise magistrates.

Question 19

What does the prosecuting solictor of the magistrates court have to prove?

Answer 19

Offence commited,
Defendant committed it,
Correct procedures
Has to prove beyond all reasonable doubt a suspect is guilty, defence don’t need to win just the prosecution just has to lose

Question 20

What does the defence solicitor in the magistrates court have to do?

Answer 20

Challenge evidence

Question 21

What does the Supreme Court do?

Answer 21

Doctrine of precedence. Isn’t a witness box, jury box. All round a table. High up legal people (lords and ladies)- make a case in to law without changing law

Question 22

What does the coroner court do?

Answer 22

Not medically qualified but legally qualified. Can’t point blame. Only in England, Scotland have sheriffs court instead
It decides the cause of death in applicable cases. They DO NOT judge the
accused or appoint blame.

Question 23

What is the CPS?

Answer 23

Crown Prosecution Service, act on behalf of majesty, deployed for that purpose

Question 24

Who must disclose all information in a case?

Answer 24

The prosecution

Question 25

Who doesn’t have to disclose all information in a case?

Answer 25

The defence

Question 26

What court is there in Scotland instead of the Coroner’s Court?

Answer 26

Sherriff court

Question 27

What must happens in Criminal courts?

Answer 27

“Beyond Reasonable Doubt”. The Prosecutor must convince the Decision Maker (s)

Question 28

What must happen in Civil Courts?

Answer 28

“On balance of probabilities” “More Likely Than Not”

Question 29

When giving evidence what must you do with regard to how you speak?

Answer 29

You must avoid using language that may be considered ‘outside of your area of expertise’. This may be criticized or used as a ‘point of attack’, to your detriment. If you are asked for your opinion, it is best practice to state “in my opinion- more/ or less likely than not, I believe…”. Exercise discretion and honest humility when constructing your reply

Question 30

When appearing in court how should you dress?

Answer 30

Buttons and bows…you should appear credible and professional and if in doubt, ask the Clerk of Court who to address and how (titles change across the UK and Ireland and may depend on the Court). You will not be too criticised for being wrong as long as you appear to have made an honest effort to show respect.

Question 31

What is the Oath and Affirmation?

Answer 31

You must declare your FULL and HONEST opinion on matters raised- you are entitled to choose either statement, and in some jurisdictions, select a Holy Book that you identify with

Question 32

What does a barrister refer to another barrister as?

Answer 32

“My Learned Friend”

Question 33

What does a barrister refer to a solicitor as?

Answer 33

“My Friend”

Question 34

What is the aim of the cross-examiner?

Answer 34

To try and ruin your credibility or character and attempt to make you miss-speak