[CT] Chapter 8: Cross-Examination Flashcards
Cross- examination
After the direct examination is complete, the opposing attorney may ask questions to the witness.
The 5 facts demonstrated by questions in cross- examination
◇1) the witness cannot remember facts;
◇2) The witness did not give all of the facts in the direct examination;
◇3) the witness told a different story at some other time;
◇4) the witness has a reputation for lying;
◇5) the withess has a special relationship to one of the parties or bears a grudge against one of the parties.
Should the attorney give the witness an opportunity to explain an answer. in cross-examination?
NO!
NEVER give the withls an opportunity to explain an answer in cross-examination.
Leading questions
The attorney is actually making a factual Statement that they want the witness to confirm by saying yes or no.
The 5 major points when conducting a cross-examination
1) make your questions leading;
2) make a statement of fact and have the witness agree to it;
3) Use short, clear questions that bring out facts bit by bit;
4) vary the order of your subject matter; and
5) know the probable answers to all your questions, so that the witness cannot hurt you with a surprise answer.