English 9H Ms. Bugasch October 29, 2013 “F” Day Goals 1.To review opening statements 2. To understand direct questioning 3. Understand how to formulate a direct examination 4. Understand the purpose of a direct examination and what role it plays in trial procedure. 5. Understand the law of direct examination 6. Implement questioning techniques 7. Distinguish between “Good” and “Bad” Questions

FFW Answer the following question in your notebook: – To the best of your knowledge, what do you think is the purpose of the direct examination Q/A on Opening Statements Discussion: Opening Statement Review Get into groups: Do a very brief outline of what you want to include in your opening statement. Nominate who you would to deliver the opening statement.

Direct Examination Cases are won on direct examination. It is the heart of your case. It is the opportunity to present the substance of your case.

Goals of Direct Examination Let your witness tell their story Make your witness appear credible Witness talks Focus should be on the witness

Direct Examination Should… A. Introduce Undisputed Facts B. Enhance the Likelihood of Disputed Facts C. Lay Foundations for the Introduction of Exhibitions D. Reflect upon the Credibility of Witnesses E. Hold the Attention of the Trier of Fact.

The Law of Direct Examination A. Competence of Witness B. Non-leading Questions – One that contains or suggests its own answers. – Question: Of course, you crossed the street didn’t you? – (Objection: Leading) C. NO narratives – Witnesses may not testify in narrative form – Example: non-narrative: What did you do next? – Example: narrative: Tell us everything that you did that day – (Objection: Narrative) D. The Non-Opinion Rule – Witnesses testify to sensory observations: see, hear, smell, touch, taste or do. – Only experts can draw conclusions – (Objections: Witness is not an expert) E. Refreshing Recollection -May use document if establish that witness is exhausted -Show document; ask if “remember now” remove document. -document may not be offered as a substitute for witnesses memory

Planning Three fundamental aspects: CONTENT, ORGANIZATION and TECHNIQUE Principal tool is the knowledge of the witness.

CONTENT What to Include: Facts necessary to establish your theory – Reasons – Explanations – Credibility What to Exclude: – Clutter – Unprovables – Implausibles – Impeachables/Objectables – Door Openers

Organization Want your questions to build up and/or flow Think of it as a conversation One question should follow form the next, until you get to your final big point

Questioning Technique Use short, open questions Who What Where When How Why Question: Where did you go that day? Question: What happened after that Question: Tell us who was there Question: What else happened Question: Describe where you were.

Sample: Question: State your name. Answer: Ms. Baser Question: What is your occupation: Answer: I am a teacher. Question: Where do you work? Answer: I work at BTHS. Question: Is that a specialized high school? (OBJECTION: Leading) Question: What kind of a school is BTHS?

Closure Watch direct examinations in Legally Blonde Assign each lawyer to a witness

Homework 1.Work on your contributions to the opening statement and direct questions 2.IRA due 11/6