ANATOMY OF A TRIAL

Opening Statements -1 st : Plaintiff -2 nd : Defendant Examinations -1 st : Plaintiff Witnesses -2 nd : Defendant Witnesses Closing Statements -1 st : Defendant -2 nd : Plaintiff

OPENING STATEMENTS Objective: Acquaint jury with case and outline what your side will prove through testimony and exhibits BRIEFLY summarize case (WHAT happened) Use specific dates and times Create the issue (HOW it happened) Plaintiff: Explain theory of what happened Defendant: Deny Plaintiff’s theory and present own theory/theories Explain basis of liability Plaintiff: Summarize facts and explain why client is legally entitled to damages Defendant: Suggest Plaintiff will be unable to prove theory  plaintiff will not be entitled to damages Damages Plaintiff: Describe relief sought for client’s loss Defendant: Express sympathy for plaintiff but reaffirm that defendant is not responsible Conclusion Ask jury for verdict in your side’s favor

DIRECT EXAMINATIONS Objective: BUILD YOUR CASE. Elicit testimony that proves your case/disproves the other side’s case. Testimony should be presented clearly and logically in a way that the jury understands and remembers. Should lay out your case theory with direct witnesses Allows you to spin facts in your favor ALL THINGS YOU MUST PROVE IN ORDER TO WIN YOUR CASE SHOULD BE PRESENTED IN DIRECT No leading questions

CROSS EXAMINATIONS Objective: DESTROY THEIR CASE. a)Impeachment- making opposing counsel’s witnesses seem less credible b)Bring out/reaffirm facts that are favorable to your case All leading questions Should be shorter than Directs Impeachment: Reveal witness’s prejudice/bias Bring out witness’s lies and secrets Show that witness’s opinion is questionable Show that witness is not competent or qualified Show that witness has contradicted his/her prior statement

CLOSING STATEMENTS Objective: Summarize evidence you presented to prove your case and highlight weaknesses of the other side’s case Thank jury for their time and attention Parties: remind jury of witness’s credibility (based on background info) Issue: Identify the central issue in simple terms What happened: explain narrative of events your team has created Basis of liability: explain why, because of what happened, plaintiff is (Plaintiff) or is not (Defendant) legally entitled to damages Bring out significant parts of the testimony that support your case Refute the other side’s case Plaintiff: reiterate damages Sum up position and request a proper verdict

CASE THEORY/THEME Definition: Unifying premise that connects all elements of your side’s case; definitive take on what happened Opening: Introduce the case theory you will prove Exams: Prove case theory Closing: Explain how you proved case theory Should use key buzzwords which are repeated throughout trial Example: Commonwealth of PA v. Harper Marmalard Prosecution Theme: Harper Marmlard had the motive, means, and method to murder Mandy Pepperidge. Defense Theme: Mandy Pepperidge died because she took a dangerous risk at her own free will.

OBJECTIONS!!!!!!!!!!! :) Raised when an attorney feels the opposing counsel is violating a rule of evidence Attorneys may only object during examinations for witnesses for which they are responsible Attorneys: Object during the cross exam of the witness you direct and during the direct exam of the witness you cross

PERMITTED OBJECTIONS 1.Leading Question 2.Irrelevant Evidence 3.Non-responsive Answer 4.Hearsay 5.Improper Opinion/Conclusion 6.Lack of Personal Knowledge 7.Unfair Extrapolation 8.Argumentative 9.Asked and Answered 10. Beyond the scope of cross or re- direct 11. Failure to lay a proper foundation for an exhibit 12. Facts not in evidence (ONLY FOR CLOSINGS—take place after closing)