Mock Trials Flashcards

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1
Q

Trial Outline

A
  1. Opening of Court- Judge enters
  2. Charge and plea- charges are read by the clerk. plea is entered by the accused
  3. 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.
  4. The Crowns case- The crown calls their witnesses. The Defense cross examines
  5. The case for the Defense- The Defense call their witnesses. the crown can cross examine
  6. 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.
  7. Verdict- given by jury
  8. Sentence (if guilty verdict)
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2
Q

Rules Of Examination

A
  1. Direct Examination- Questioning of the witness by the lawyer that called the witness to the stand.
  2. Cross Examination- The opposing lawyer questions the same witness. Leading questions are allowed
  3. Re Examination- If new or different information was given during cross examination you can ask to re examine the witness.
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3
Q

Rules Of Evidence

A
  1. Leading
  2. Hearsay
  3. Irrelevant
  4. Speculation
  5. Badgering
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4
Q

Leading

A

A leading question is one in which the answer is suggested by the question.

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5
Q

Hearsay

A

If a witness is told of the event they can’t testify about it because they weren’t actually there.

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6
Q

Irrelevant

A

At times lawyers will ask irrelevant questions the prejudice the jury.

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7
Q

Speculation

A

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.

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8
Q

Badgering

A

If a lawyer harasses or is combative in their line of questioning.

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9
Q

Sustained

A

The judge agrees with the objection. (the other lawyer cannot ask that question)

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10
Q

Over-Ruled

A

The judge disagrees with the objection (the other lawyer can continue with the question)

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