1/10/13 - Remember to do your trial journals! Today’s Goal : Begin Writing Your Direct Exam Questions

This Week  Monday – Roles and Duties  Tuesday – Develop Trial Strategies  Wednesday – Direct Examination and Laying Foundation  Thursday – Writing Direct Examination Questions  Friday – Calling Witnesses – Hand in Trial Journal

Trial Diary: (starting today!) At the end of each week I will collect your trial diary. You can just hand in the paper or papers for that week. Each day of the week is worth 5 points (5 days of school = 25 points.) You should keep this diary and HAND IT IN at the end of the trial. (or I can collect it each week. It will serve as your final grade 1.Date 2.One thing you learned about that day 3.What did you do (specific). 2-3 Sentences. More than just “We worked on our cross examination.” 4.Questions

Attorney Trial Roles Prosecution Opening Statement ________  Sheila Hartwick – Direct___. Cross___.  Dr. Devin Addison - Direct___. Cross___.  Alex Lawson – Direct___. Cross___.  Quinn Collins – Direct___. Cross___.  Officer Marty Williams - Direct___. Cross___. Closing Statement _________ Defense Opening Statement ________  Dr. Jackie Jenkins - Direct___. Cross___.  Casey Adams - Direct___. Cross___.  Jessie Stevens – Direct___. Cross___.  Sonny Charles - Direct___. Cross___.  Mikaila Kennedy – Direct___. Cross___. Closing Statement ________

Trial Roles Victim: Camilla Hartwick Prosecution  Sheila Hartwick - Penina  Dr. Devin Addison - Chris  Alex Lawson – Karina  Quinn Collins – Juan/Kevin  Officer Marty Williams - Edith  Attorneys: Laura, Joceliz, Allen, Jasmine  Deputy Sheriff – Defense  Dr. Jackie Jenkins - Kinquana  Casey Adams - Tequila  Jessie Stevens – Jason  Sonny Charles - Jesus  Mikaila Kennedy – Dayanara  Attorneys: Sara, Quiana, Angel, Chanell

Trial Strategy  Each side (plaintiff or defense) has a mission. 1.Prove their elements 2.Attack the credibility of the elements the other side is trying to prove. Every question or statement in your case MUST be working to accomplishing your side’s goal.

Important Documents  Process for examining witnesses Process for examining witnesses  Persuasion at trial Persuasion at trial  Direct Examination (example) Direct Examination (example)  Direct Examination (example 2) Direct Examination (example 2)  Cross Examination Cross Examination  Stipulations Stipulations

Assignment (15pts):  Attorneys/Witnesses - prepare your 1st 3 questions for direct examination. You will perform these tomorrow and witnesses will NOT be allowed to use their packet. ALSO.. Be sure to read the Section “Direct Examination” in the litigation process.

Process for Examining Witnesses:  Refer to the sheet  Tips:  Always face and address the judge.  When in doubt ask for permission  may I proceed?  may I approach?  Address the judge as “Your Honor”  Be respectful and courteous (even if you don’t want to) to all witnesses, and opposing counsel  Build your ethos. Its ok to say, “please” and “thank you.”

Laying a Foundation -Testimony (the witnesses’ story) has to have an uninterrupted story line -With some exceptions. An attorney may NOT skip parts of the story (movie example) -One question must lead to the next (building on each other)

Laying a Foundation Tips: If you think the person has jumped ahead you should object, “Foundation!” If you think the person has jumped ahead you should object, “Foundation!” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Some times it’s a long foundational road to get the 1 or 2 important facts you need.

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.  Be sure to do today’s trial journal