Wednesday, January 11th: Cross Examination Workshop

Starter #4:  Cross Examination scene from A Few Good Men
As you watch the video clip, try to jot down 2 examples of LEADING questions that Tom Cruise asks his witness

PLOT SUMMARY: In this dramatic courtroom thriller, LT Daniel Kaffee, a Navy lawyer who has never seen the inside of the courtroom, defends two stubborn Marines who have been accused of murdering a colleague. 

Agenda
1. Silently read over guidelines for cross-examination (see below) and jot down questions you have for Matt Kenna.
2. Cross-Exam workshop with Matt Kenna
3. Work Time (see below)

Lawyers: Develop Direct and Cross-examination questions for your assigned witnesses.  Gather evidence to use during direct and cross.

​Witnesses:  

1. Complete the discussion guide on your assigned readings: "Jap's a Jap". (Ignore the section/questions for "Korematsu v. US")
2. Brainstorm potential cross-examination questions you anticipate getting from the opposing lawyer team.
3. Continue working on direct examination questions with your lawyer and finding evidence relevant to your witness (memos/letters/reports, etc...)

Judges: Keep writing that summary of the case! Check in with Ashley if you're stuck or ahead of schedule!

Cross-Examination Guidelines

• The purpose of the cross-examination is to try to get the person on the stand to agree with the facts that support your case and discredit the opposing side’s argument.
• Focus your questioning on just the main points that support your case. Questions that require yes/no answers allow you to remain more in control of the situation. For example, during the cross-examination, you can state a fact and have a witness agree or disagree with it. During the cross-examination, you are allowed to ask leading questions. (You are not permitted to ask leading questions during direct examination.)
• During the cross-examination, listen very closely to the answers that are being given.
• Never argue with a witness— it is improper and does not make a good impression on the judges.
• If you get an unexpected answer, remain calm and continue as if nothing has happened. If the witness keeps 
responding to your questions with “I don’t know,” don’t worry because they are probably making a bad 
impression on the judges.
• Prior to the mock trial, you are not allowed to discuss the case with witnesses from the opposing side and can 
only question them during the trial.

During the Trial

• Listen carefully when the witness for the other side testifies. Your goal in cross- examination is to get the witness to admit to some fact that will help your side.
• Always address the judges as “Your Honor[s]”. Always stand when you are speaking to the Judges. Be calm and courteous to everyone. Say “thank you, Your Honor” after the judge has ruled on an objection. Do not show disappointment or anger.
• Do not address questions or comments to any of the other lawyers. Talk to the judges.
• Listen carefully to the questions of the opposing lawyer. You may object if the lawyers ask questions which do not satisfy the rules of questioning.{leading question for direct examination; irrelevant or has nothing to do with the case; personal knowledge, opinion when not an expert}
• If you ask a question, and another lawyer objects, listen to the objection and then tell the judge why your question should be allowed.
• Do not ask questions to which you do not know the answers.