[CT] Chapter 7: Direct Examination Flashcards

1
Q

Direct Examination

A

when both sides have an opportunity to present proof through witnesses. They establish proof by calling to the stand witnesses who can testify about what they saw, know, or experienced.

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2
Q

Who holds the burden of proof during direct examination?

A

The state bears the burden of proving the crime beyond a reasonable doubt, and the defense does not need to put any case at all. But, usually they do call on a case and call witnesses.

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3
Q

What does “put on its case” mean?

A

When they say the attorney puts on its case, it means that they call their witness to the stand.

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4
Q

Open-ended . questions

A

It allows the witness to state freely what they saw or experienced in relation to the case that hey have been called to testify for.

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5
Q

What happens if the intial questioning goes on too long?

A

If the intial questioning goes on too long, an attorney runs the risk of losing the instrest of the trier of fact before the really important information is brought out.

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6
Q

True or False?
Open-ended questions = Leading questions

A

False!
Open-ended questions are not equal to leading questions (yes or no)

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7
Q

When an attorney does direct examination they are asking questions to what witness?

A

When an attorney does direct examination they are asking questions to “their own” witness, this let’s the witness portary the evidence in the clients favor.

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8
Q

What are the five points to remember when they conduct a direct examination?

A

1) use simple, carefully chosen language;
2) organize the questions logically;
3) use open-ended questions that allow the witness to explain;
4) do not lead; and
5) ask for facts, not opinions, unless the court has recognized the witness as an expert.

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