Trial Process

Question 1

Court must exclude witnesses from courtroom so they don’t hear testimony of other witnesses except where:

Answer 1

1. Natural person party to the case
2. Individual designated as rep of non-natural person parties
3. Person essential to party’s presentation of case
4. Persons whose presence is permitted by statute (like victims)

Question 2

Scope of Cross Examination

Answer 2

Limited to the scope of the direct examination

Question 3

Leading Questions

Answer 3

Suggest answer within the question

“Didn’t you start the fire at 10pm?”

OK on cross examination

Question 4

Improper Questions

Answer 4

Compound Questions
Assumes facts not evidence
Argumentative
Calls for Q or Opinion
Repetitive
Lack of Foundation

Question 5

Compound Question

Answer 5

requires answers to multiple qs

“Didn’t you leave your house at 7, lock the door behind you, get in your car, and drive away?”

Question 6

Assumes Facts not Evidence

Answer 6

“when did you stop beating your wife?”

Question 7

Argumentative

Answer 7

Question intended to provoke an argument rather than elicit factual response.

“you don’t really expect the jury to believe you, do you?”

Question 8

Calls for Q or Opinion

Answer 8

“how did your mother feel after you told her the news”

Question 9

Lack of Foundation

Answer 9

e.g. no authentication of tangible evidence

Question 10

Civil Burden of Proof

Answer 10

Preponderance of the evidence

Question 11

Criminal Burden of Proof

Answer 11

Beyond a Reasonable Doubt

Question 12

Rebuttable Presumptions

Answer 12

shifts burden of production (not persuasion) to opposing party

Question 13

Conclusive Presumption

Answer 13

can’t be challenged by contrary evidence

Question 14

Destruction of Evidence

Answer 14

Rebuttable presumption that evidence would be unfavorable to destroying party if other party establishes

1. Intentional Destruction
2. Relevant evidence
3. Other party acted with due diligence as to destroyed evidence.