Do Now: Review:
1.What is the purpose of cross examination?
2.What will a useful cross examination accomplish?
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This lesson is designed to meet common core
standards 1 and 4.
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1. Organize a cross examination.
2. Identify the guiding principles for
organizing a cross examination.
3. Understand the importance of
organization, presentation and technique
when conducting a cross examination.
4. Prepare a theory for the cross examination
of opposing counsel’s witnesses in mock trial
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1. Do Now and Review
2. Lesson on The Organization of Cross
Examination
3. Activity:
◦ Instruction will be differentiated.
◦ Students will work in pairs to complete direct
examinations
◦ Students will work in pairs to identify points to elicit
from opposing witnesses on cross examination that
will help develop the theme/theory of their case.
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As with direct based on 4 principles:
1.
2.
3.
4.
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Primacy and Recency
Apposition
Repetition
Duration
Unlike direct, may have to deal with difficult,
uncooperative or recalcitrant witness.
Therefore there are additional principles to
consider when planning a cross.
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1. Cross examination is your opportunity to
tell part of your client’s story in the middle of
the other side’s case. Your object is to focus
your attention away from the witness’s direct
testimony and onto matters that you believe
are helpful to your case.
TO DO THIS YOU MUST ALWAYS BE IN
CONTROL OF THE TESTIMONY (LEADING
QUESTIONS)
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2. Cross examination is never the time to
attempt to gather new information. Never
ask a witness a question simply because you
want to find out the answer. Rather, cross
examination must be used to establish or
enhance the facts that you have already
discovered.
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3. An effective cross examination often
succeeds through the use of implication and
innuendo. It is not necessary and often
harmful to as the “ultimate question.”
Closing argument is your opportunity to point
out the relationship between the facts, make
characterizations and draw conclusions based
on the accumulation of details.
DO NOT EXPECT THE OPPOSING WITNESS TO
DO THIS FOR YOU.
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1. Lay the ground work
2. Do not inform witness of the purpose of
inquiry
3. Use indirect questioning to establish small,
incontrovertible factual components of a
theory and only later address the theory.
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Question: You are a business man?
Answer: Yes
Question: Many documents cross your desk each day?
Answer: Yes
Question: It is your job to read and respond to them?
Answer: Yes
Question: Your company relies on you to be accurate?
Answer: Yes
Question: Large amounts of money can change hands on the basis of the
replies that you send?
Answer: Yes
Question: You have an obligation to your company to be careful about
its money?
Answer: Yes
Question: So you must be careful about what you write?
Answer: Yes
Question: Of course, that includes your signature?
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What are the basic guiding principles to
organizing a cross examination?
What are three additional guiding principles?
Why are these three addition principles
important to cross-examination?
Why is it important to infer but not expressly
state some facts?
Why are leading questions so essential to
cross examination?
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Students will work in pairs to complete direct
examinations; or if direct examinations have
been completed
Students will work in pairs to identify points
to elicit from opposing witnesses on cross
examination that will help develop the
theme/theory of their case.
◦ Graphic organizer available on website.
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Familiarize yourself with Mock Trial Cases.
Bring Cross-Examination Graphic Organizer.
Direct Examinations due