1/31/111/31/11BR- What is YOUR job in the BR- What is YOUR job in the Mock Trial?Mock Trial?

- Revised policies, email list, - Revised policies, email list, helping attorneyshelping attorneys

TodayToday: Direct Examination - Getting the : Direct Examination - Getting the Witness to Tell Their StoryWitness to Tell Their Story

Direct ExaminationDirect Examination• Attorney is asking questions that Attorney is asking questions that elicitelicit

information from the witnessinformation from the witness

• Attorney MAY NOT ask leading Attorney MAY NOT ask leading questions (example here)questions (example here)

• Line of questioningLine of questioning must be must be foundationally correctfoundationally correct

Laying a FoundationLaying a Foundation

Laying a FoundationLaying a Foundation

- Testimony (the witnesses’ story) has to Testimony (the witnesses’ story) has to have an uninterrupted story linehave an uninterrupted story line

- With some exceptions. An attorney may With some exceptions. An attorney may NOT skip parts of the story (movie NOT skip parts of the story (movie example)example)

- One question must lead to the next One question must lead to the next (building on each other) (building on each other)

Laying a FoundationLaying a Foundation

Tips:Tips:• • If you think the person has jumped ahead you If you think the person has jumped ahead you

should object, “Foundation!”should object, “Foundation!”• • Break up testimony into small chunks by Break up testimony into small chunks by

using phrases like: “What happened next, using phrases like: “What happened next, What did you see then, Anything else? Etc.”What did you see then, Anything else? Etc.”

Some times it’s a long foundational road to get Some times it’s a long foundational road to get the 1 or 2 important facts you need.the 1 or 2 important facts you need.

Foundation ActivityFoundation Activity

Jon Smyth is a 23 year old hockey player from Jon Smyth is a 23 year old hockey player from Moose-Jaw, Saskatchewan. He has been Moose-Jaw, Saskatchewan. He has been playing professionally for the Chicago playing professionally for the Chicago Blackhawks since he was called up in Blackhawks since he was called up in December of 2008. As a rookie player he December of 2008. As a rookie player he shares an apartment with the other rookie on shares an apartment with the other rookie on the the team, the defendant, Igor Koryluk. Jon the the team, the defendant, Igor Koryluk. Jon has witnessed several angry arguments has witnessed several angry arguments between the defendant and the deceased between the defendant and the deceased Natasha Nabodkin. Jon has witnessed the Natasha Nabodkin. Jon has witnessed the defendant strike the deceased several times. defendant strike the deceased several times.

Today:

• Break Into small groups or pairs according to your roles

• Begin writing a direct examination script (questions and answers)– Q:– A:

Areas to Cover:• Introduction

• Qualifications or relationship to the case

• Important information relevant to the element you are addressing.

Direct Exam Stems..These are designed to get the person

talking

• Could you describe

• Can you tell us about

• What did you see (hear/smell/taste)

• Anything else?

• What happened next?

• What is the nature of..

• Describe for the court

On paper • Write out (both atty’s and witnesses)

what you want to accomplish with this witness and what information is important.

• Write out the questions and the answers. We will call witnesses again on THURSDAY!

• Be sure to do today’s trial journal