1. Review for Roles and Objections Retest

2. In order to retake:  Must have taken all the notes I am about to present  Must have a parent note verifying you studied for this.

3. Objections  Hint: Think about what the question is asking. Think about what the witness is/is not answering.

4. Relevancy  If it is not important to the outcome of the case, you could object to relevancy  What is an example of a relevancy objection?  Is Hollenbeck’s child dying relevant?  Is the fact that Hoffman studied accidents with Elk relevant  Is PT Gonzalez’s testimony about how nice Parker Plunkett usually is relevant?

5. Leading the Witness  You would only use this objection when someone is directing.  On a direct, listen for yes/no responses. Is the attorney testifying for the witness?

6. Redirect Examination 1. Direct Examination 2. Cross-examination 3. Redirect 4. Re-cross You can only redirect on what was stated in the cross-examination – “Objection. Counselor is going beyond the scope of the cross-examination.”

7. Narrative  Listen for questions that seem like they are seeking the witness to blab forever  Listen for responses that seem to go on for a period of time  “Objection. This question calls for a narrative.” OR “Objection. The witness is becoming narrative.”

8. Opinion Testimony by an Expert  Our only experts are Hollenbeck and Hoffman  How/when would you use this objection?

9. Opinion Testimony by an expert continued  If another witness is giving expert testimony.  Lassard cannot testify about the elk, nor about the texting statistics.  Experts are allowed to speculate and give hypotheticals. Others should not.

10. Invention of Facts/Unfair Extrapolation  You cannot make things up that will change the outcome of the case  Dugan can’t all of a sudden say he didn’t do drugs -You can’t say there are no records of Plunkett texting. “Objection your Honor unfair extrapolation OR Objection your Honor, counselor is inventing facts.”

11. Argumentative/Badgering the Witness  As an attorney, if you ask a question on cross, you have to let the witness respond.  If you become overly rude or sarcastic, attorneys can object to badgering the witness.

12. Non-Responsive  2 ways to object to this one  A. When a witness does not respond to a direct question, the other side can object. For example, if I ask a yes/no question, and the witness talks beyond the yes/no, the other side should object.  B. If I’m crossing and the witness continually refuses to answer my questions yes/no, I could object to the judge

13. Repetition  Easy way to remember this one is repeating  Listen for testimony/questions that ask the same thing, even if it is done in different ways.  Mr. Dugan, isn’t it true that you did drugs that night?  Mr. Dugan, you were under the influence of drugs, weren’t you?  Mr. Dugan, you and Tara tasted the drugs to make sure they were ok that night, didn’t you.

14. Speculation  You can’t have witnesses guess about something.  Mr. Dugan, Tara would still be alive today had she been wearing her seat belt, wouldn’t she?  Dugan doesn’t know that.

15. Expectations  1. Rough draft TYPED due on Friday  2. You need to dress up  3. Witnesses may NOT use notes  4. Attorneys need to be polished but they can use notes

16. Mock Trial Process  1. Prosecution Opening  2. Defense Opening  3. Prosecution first witness  4. Defense crosses that witness  5. Prosecution second witness  6. Defense crosses that witness  7. Prosecution third witness  8. Defense crosses that witness

17. Opening Statement  Should be straight forward, relatively emotionless.  Tell the story  Outline witness testimonies  Outline charges  Tell the judge how you want her to rule

18. Closing  Can have emotion/attitude/edge  Should remind the judge what she heard during the trial  Should point out inconsistencies/weaknesses of the other side

19. Direct Examinations  More is better  Should let the witness tell the story  Ask open-ended questions (please explain, what happened next)  Try to avoid, if possible, most yes/no questions  Considered a friendly exchange because you are on the same side

20. Cross-Examination  SHOULD lead the witness – ask only yes/no questions  Point out inconsistencies in the other side  Considered a hostile exchange because you are trying to get information from an unwilling witness  Less is better – don’t overkill