Pg 1

Question 1

What is an extra judicial statement?

Answer 1

An out of court utterance that is either written or oral

Question 2

Must sidebars always happen outside of the presence of the jury?

Answer 2

No, so say “outside of the hearing of the jury“

Question 3

What is the difference between an objection being overruled, and an objection being sustained?

Answer 3

• Overrule: the question gets to be answered

- Sustain: question does not get to be answered and the evidence stays out

Question 4

For a civil case, what is involved in the pleadings?

Answer 4

Complaint and answer

Question 5

For a criminal case, what is involved in the pleadings?

Answer 5

Complaint, information, indictment

Question 6

What is considered to be real evidence?

Answer 6

Documents and tangible items. Everything besides witness testimony

Question 7

What is the most important thing to remember when writing an evidence essay?

Answer 7

To raise counter arguments, not just winning arguments. Talk about a discussible issue even if it isn’t a winner

Question 8

What are some areas of a trial that evidence is not involved in?

Answer 8

Jury selection, opening statements, closing arguments, and jury instruction

Question 9

Who has the burden of production and persuasion in a trial?

Answer 9

The plaintiff or the prosecution. They also have the right to open and close the trial

Question 10

What is the goal for witness interrogation or the presentation of evidence?

Answer 10

To find out the truth, avoid wasting time, protect the witness from harassment or undue embarrassment

Question 11

Why is it important to know what stage of a trial we are dealing with when answering an evidence question?

Answer 11

Because different stages have different rules that apply

Question 12

What are the basic stages of a trial?

Answer 12

– attorney has initial contact with client
– investigative stage
- witness interviews
– acquisition of documents and exhibits
– pleadings
- discovery
– jury selection
– trial

Question 13

How long does jury selection take?

Answer 13

Can be minutes or days

Question 14

Which side goes first in jury selection?

Answer 14

Defence counsel

Question 15

What is voir dire?

Answer 15

The questioning of prospective jurors in open court by the court. Counsel can tender additional questions to the court for consideration

Question 16

What is the point of voir dire?

Answer 16

To figure out if the jurors meet the statutory requirements for jury service and if they are impartial

Question 17

What is a peremptory challenge?

Answer 17

The right of a party to excuse a prospective juror during voir dire for any reason or no reason. Usually there’s a fixed number that are allowed

Question 18

What are the different stages of a trial?

Answer 18

– jury is impaneled
– judge gives opening instructions
– opening statement by the plaintiff
– opening statement by the defendant
– plaintiff’s case in chief/presentation of evidence
– defendant can move for directed verdict
– defendant’s case in chief
– plaintiff’s rebuttal
– closing arguments
– court instruction to the jury
– jury deliberations
– verdict

Question 19

What are involved in the judge’s opening instructions to a jury?

Answer 19

What to expect and how to do their job

Question 20

What is usually involved in the opening statement by the plaintiff or the prosecution in a trial?

Answer 20

They tell the jury what they expect the evidence will show. This is meant to be a preview of the facts

Question 21

What can the plaintiff’s attorney or a prosecutor not do during their opening statement?

Answer 21

Cannot say anything argumentative or inflammatory, can’t express views about the defendant’s character or motive. Opposing counsel cannot object here, unless those things happen.

Question 22

Example of something that the plaintiff/prosecution cannot say during opening arguments?

Answer 22

“The evidence will show that the defendant is a coldhearted killer.“

Question 23

What is involved in the plaintiff’s case in chief/presentation of evidence during a trial?

Answer 23

They introduce facts to establish each controverted element of the claim or offence charged. They bring forth all witnesses they will rely on for the prima facie case plus documents and tangible evidence that will be offered when authenticated by witness testimony

Question 24

What are the parts of the stage in a trial that involves the plaintiff’s case in chief?

Answer 24

– Direct examination
– cross examination
– redirect by the plaintiff/prosecution
- recross by the defendant
- repeat until all witnesses and evidence are introduced
– plaintiff rests his case

Question 25

What is involved in direct examination?

Answer 25

Each witness is questioned by the party that is putting on their case in chief

Question 26

What is involved in cross examination?

Answer 26

Each witness is questioned by the opposing counsel

Question 27

Why would a party move for a directed verdict?

Answer 27

On the ground that the plaintiff or prosecution failed to meet its burden

Question 28

What is involved in the defendant’s case in chief?

Answer 28

Witnesses negate the plaintiff’s elements/charges and introduce evidence to establish affirmative defenses. They present witnesses, documents, or evidence to support their case to deny, explain, counteract, qualify, disprove, repel, or shed light on the plaintiff/prosecution’s claims.

Question 29

What are the stages involved in the defendant’s case in chief?

Answer 29

– Direct examination of Ws
– cross examination by P
- redirect by the defendant
- repeat for all witnesses
- defendant rests his case

Question 30

What is involved in the plaintiff’s rebuttal as a stage at trial?

Answer 30

Plaintiff/prosecution presents their case in rebuttal by calling new witnesses or introducing new evidence to repair the damage done during the defendant’s case in chief and to undermine the defendant’s affirmative defenses. Testimony is meant to refute the defendant’s evidence and rehabilitate the credibility of witnesses.

Question 31

What are the stages involved in the plaintiff’s rebuttal at trial?

Answer 31

– direct examination where plaintiff/prosecution calls witnesses
– cross examination by defendant
– redirect by plaintiff
– plaintiff/prosecution closes his case
– defendant’s rebuttal
– defendant’s counterclaims
– defendant closes his case