Mock Trials Flashcards
Trial Outline
- Opening of Court- Judge enters
- Charge and plea- charges are read by the clerk. plea is entered by the accused
- Opening statement. 1st Crown 2nd Defense. In the opening statement the lawyers paint a picture of their case. it is the first chance to get the jury ti think of the case from their side.
- The Crowns case- The crown calls their witnesses. The Defense cross examines
- The case for the Defense- The Defense call their witnesses. the crown can cross examine
- Summations/Closing Statements- 1st Defense 2nd Crown
7.Judge gives charge ti the Jury- instructions on how to deliberate and how to come to a verdict. - Verdict- given by jury
- Sentence (if guilty verdict)
Rules Of Examination
- Direct Examination- Questioning of the witness by the lawyer that called the witness to the stand.
- Cross Examination- The opposing lawyer questions the same witness. Leading questions are allowed
- Re Examination- If new or different information was given during cross examination you can ask to re examine the witness.
Rules Of Evidence
- Leading
- Hearsay
- Irrelevant
- Speculation
- Badgering
Leading
A leading question is one in which the answer is suggested by the question.
Hearsay
If a witness is told of the event they can’t testify about it because they weren’t actually there.
Irrelevant
At times lawyers will ask irrelevant questions the prejudice the jury.
Speculation
If the questions put to the witness are such that the witness has to speculate or guess at the answer without any factual evidence to back up the question.
Badgering
If a lawyer harasses or is combative in their line of questioning.
Sustained
The judge agrees with the objection. (the other lawyer cannot ask that question)
Over-Ruled
The judge disagrees with the objection (the other lawyer can continue with the question)