Mock Trial SkillsMock Trial Skills

Direct v. CrossDirect v. Cross

Direct versus Cross ExDirect versus Cross Ex

Goals of DirectGoals of Direct Let your witness Let your witness

tell their storytell their story Make your witness Make your witness

appear credibleappear credible Witness TalksWitness Talks Focus should be on Focus should be on

witnesswitness

Goals of CrossGoals of Cross Tell the witness Tell the witness

what to saywhat to say Make the witness Make the witness

appear un-credibleappear un-credible Attorney TalksAttorney Talks Focus should be on Focus should be on

the attorneythe attorney

Straight Man/Funny ManStraight Man/Funny Man

Direct is like a Comedy TeamDirect is like a Comedy Team The attorney is the straight manThe attorney is the straight man The witness is the funnyThe witness is the funny

manman

Form of the QuestionForm of the Question

Open ended on directOpen ended on direct Who…Who… What…What… Where…Where… When…When… How…How…

Leading on crossLeading on cross ……, didn, didn’’t you?t you? ……, isn, isn’’t it?t it?

Question OrderQuestion Order

Want your questions to build or flowWant your questions to build or flow Think of it as a conversation (direct) Think of it as a conversation (direct)

or an explanation (cross)or an explanation (cross) One question should follow from the One question should follow from the

next, until you get to the end of your next, until you get to the end of your big pointbig point

Helps jury or judge so answers donHelps jury or judge so answers don’’t t seem to come out of the blueseem to come out of the blue

Primacy and Primacy and Recency/Rule of 3Recency/Rule of 3

Direct and Cross should both be Direct and Cross should both be organized in three broad groups of organized in three broad groups of questionsquestions Cheating, the beach, school the next Cheating, the beach, school the next

dayday Initial examination of the body, autopsy, Initial examination of the body, autopsy,

final conclusionsfinal conclusions Biggest points first or lastBiggest points first or last

Closing ArgumentsClosing Arguments

Closing Versus OpeningClosing Versus Opening

OpeningOpening Talk about facts to Talk about facts to

be established at be established at trialtrial

Arguments from Arguments from facts not allowedfacts not allowed

Little or no Little or no discussion of lawdiscussion of law

ClosingClosing Work only with Work only with

facts established in facts established in trialtrial

Argument from Argument from facts is the goalfacts is the goal

Some discussion of Some discussion of law, burden of law, burden of proof, etc.proof, etc.

So, what is argument?So, what is argument?

Going beyond the facts to get to the Going beyond the facts to get to the conclusion you think they supportconclusion you think they support

Think of it in terms of Think of it in terms of ““so…,so…,”” ““therefore…,therefore…,”” ““howeverhowever””

All cats are mammals…All cats are mammals…

More on Theme and More on Theme and TheoryTheory

ThemeTheme The The ““motifmotif”” of your of your

case.case. The idea or phrase The idea or phrase

that ties it that ties it togethertogether

Think of in terms Think of in terms of of ““This is a case This is a case about…about…””

TheoryTheory Your version of how Your version of how

the facts went down.the facts went down. Did he hit her and Did he hit her and

then dump her in the then dump her in the water? Or did he hit water? Or did he hit her and the surf her and the surf dragged her under?dragged her under?

Should fit into the Should fit into the lawlaw

Primacy and Primacy and Recency/Rule of 3Recency/Rule of 3

Try to organize into three, Try to organize into three, overarching points or sections.overarching points or sections. Helps you keep it organized in your Helps you keep it organized in your

head, like a set of book markshead, like a set of book marks Helps others follow along and Helps others follow along and

rememberremember Put your strongest points first or lastPut your strongest points first or last