FLS Final Part 2 Flashcards
What are the goals of a deposition?
OSUG
1) obtain adversary’s account of events
2) search for helpful evidence
3) uncover and undermine harmful evidence
4) gain tactical advantage (settlements, negotiations)
how should you probe non-responsive answers in a deposition?
politely indicate that you heard the answer and re-ask the question
how should you probe partial or conclusory answers in a deposition?
use the hint in the response and asks things like “anything else?”
how should you probe “what do you mean” answers in a deposition?
explore the basis for the understanding and ask something like “what do you understand that word to mean?”
how should you probe “I don’t recall” answers in a deposition?
convey an expectation of a response like “I understand that you don’t remember but can you try to remember as much as you can?”
what should you do in a deposition after a person said they don’t recall and you asked them already to try to remember?
use something such as a document to jog their memory
what are the 3 elements of the negotiation process?
IRP
1) interests
2) rights
3) power
what puffery can you use during a negotiation?
that my client is eager to have the case heard in court
what are types of interests in negotiations?
FPLPRRB
1) financial
2) performance (when you want this settled by)
3) liberty
4) psychological (things about the people involved)
5) reputational
6) relationship
7) basic human needs
what are some things that fall under rights in negotiations?
1) statutory/regulatory
2) common business practices
what are some types of power in negotiations?
ESPPE
1) economic
2) social
3) psychological
4) political
5) expertise
what type of contextual facts go into a chronology when doing a direct examination?
1) setting the scene (lighting)
2) stage directions (how long, how far)
3) explanatory facts (why?)
4) Personal facts
what type of questions can be asked during a direct examination?
1) narrative (tells a story) (tell me about…)
2) open questions (limited to an aspect of the story)
3) closed questions (limited to a specific item of evidence)
4) leading questions (suggest answers)
what to say when starting a new block?
let’s talk about…
what are the 3 goals to achieve during a cross examination?
1) presentation of affirmative evidence (elements of legal theory, chronology)
2) discrediting the substantive evidence presented by the witness
3) discrediting the witness’s credibility
