Term
| What might you as para do with witnesses? |
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Definition
You may be involved in the preparation by doing fake cross exam pratice.
Review deposition with client |
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Term
| What kind of questions to ask witnesses for your side? |
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Definition
| open ended- you don't want to seem like you are leading witness. |
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Term
| What kind of questions do you use for cross-exam? |
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Definition
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Term
What to do if witness refuses to do prep?
What to do if they do agree to prep? |
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Definition
If the witness refuses to do prep and you loose, you could be sued for malpractice
So always e-mail c.y.a e-mail to protect yourself.
In e-mail ask client to look at their own meidcal records so they know where they need to fill in blanks (re: pain, etc.)
Have Witness watch prepr video that shows tricks of trade.
Take them to the court to get them used to it.
Tell them to tell the truth.
Tell them they can ask for soemthing to recollect their memory |
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Term
| What must atty remember to do regarding evidence? |
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Definition
The attorney must remember to admit everything because if it's not admitted, it's like it never happened.
Always check off things from exhibit list as they are admitted. |
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Term
Should you double check citations?
Why? |
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Definition
| Always double or triple check citations, even on the eve of the trial, because law can change overnight with a new decision. |
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Term
| How much time should you devote to witness prep? |
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Definition
| Set aside at least four hours but a whole day is better |
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Term
| Do you have to admit things found in discovery into evidence? |
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Definition
| Yes, just because it's in the deposition or interrogatories or other discovery until it is actually admitted, it is not evidence. |
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Term
How Many copies of the trial notebook should you provide?
Why isn't the trial notebook discoverable? |
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Definition
You can provide as many copies as you want.
The trial notebooks is not discoverable because its considered atty work product. |
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Term
| What must you provide when objecting? |
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Definition
| Must provide a reason for your objection. |
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Term
| What should you do if you don't hear something during trial? |
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Definition
| Ask the court reporter to repeat |
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Term
| What to remember about hearsay? |
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Definition
| Hearsay is ONLY a statement. It is not about what you saw or who said something. |
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Term
| How should you prepr re: objections? |
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Definition
| You should have an objection strategy because you may want to focus the jury's attention on something specific. really objectionable |
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Term
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Definition
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a refusal to answer a question or request for a good reason
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Term
| Examples of reasons to object |
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Definition
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1) Relevance – unrelated to case i.e. “objection, the request is not relevant and not reasonably calculated to lead to discovery of admissible evidence”
2) Errors or Irregularities in Request – form i.e. during discovery only allowed 25 interrogatories but 50 asked
3) Privileged – legally confidential, two types attorney client and trial preparation or work product
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Term
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Definition
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1) Attorney/client –
2) Trial preparation or “work product”
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Term
| attorney/cleint privilege |
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Definition
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communication b/w attorney and client for purpose of seeking legal advice ex. “objection, the request calls for the production of documents subject to the attorney-client privilege”
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Term
| Trial prepartion or attorney work product |
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Definition
| information prepared by attorney or a party not rep. by attorney for tiral i.e. call witnesses, w gives you statement – this is work product, no production necessary only i.d. it exists ---- “Objection, The written w statement detailing defamatory statement that is subject of this action is covered by work product privilege. I have disclosed name of w and subst. in interrrogatories” |
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Term
| Can you waive/loose privilege? |
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Definition
| Yes, so you want to make sure privileges are not accidentally waived at trial. |
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Term
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Definition
| To speak the truth- questioning of potential jurors to determine their bias |
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Term
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Definition
| Can strike juror for no reason |
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Term
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Definition
| Be prepared to explain why a potential juror wouldd be so biased that it would be bad for the jury |
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Term
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Definition
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Opening statement is the introductory statement at start of trial by lawyers typically explaining facts best supporting their side of the case, how proved, and how law applies
The opening statement is very important. A bad one can help you loose a case
Go through the whole case and give the jury and outline and a roadmap of what you will be proving
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Term
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May you make conclusory statements in opening statements?
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Definition
| You have to be careful stating what you will prove during your opening statement because you might not prove it. |
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Term
| How does trial unfold after opening statements? |
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Definition
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1) Direct by Plaintiff of witnesses regular and expert
2) Cross by defense
3) Plaintiff rests
4) Defense calls for directed verdict
5) Defense case (repeat of above in reverse)
6) closing statements
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Term
| How long should cross-exam be? |
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Definition
| Keep cross-exam short and to the point to get what you want to emphasize across to the jury. |
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Term
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Definition
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Rebuttal evidence – sometimes beforeclosing – formal contradiction of statements made by advesary
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Term
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If proof not admitted at evidence may it be used in any post trial appeal?
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Definition
| No, to be reviewed in appeal it must be admitted into evidence during the trial |
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Term
| Directed Verdict (Judgment as a matter of law) |
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Definition
| Motion stating that because plaintiff or defendant didn't prove the case and it should be dismissed and not given to the jury |
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Term
| What happens if you don't remember to have a witness i.d. the defendant/plaintiff? |
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Definition
| The case can be throuwn out per directed verdict. |
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Term
| Importance of closing statement? |
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Definition
| It is your last chance to get your point across to the jury. |
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Term
| What happens when case being given to jury? |
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Definition
1) Judge reads law/instructions
2) Jury gets questionnaire
3) Jury can ask questions and a judge decides if they are answered
4) Judge is supposed to apply the facts to the law
5) Jury foremans reads final verdict.
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Term
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Definition
| Ask jurors how they voted and make sure the numbers are correct. |
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Term
| Do verdicts in civil cases need to unanimous? |
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Definition
| No, the jurors do not all need to agree. |
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Term
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Definition
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May file:
Motion for jugment as a matter of law.
Motion for involuntary dismissal, motion to strike, motion for mistrial, renewed motion as matter of law (p456)
Motion for new trial
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