WorksheetsF25 - Direct and Cross - Takehome
Total questions: 78
Worksheet time: 39mins
Name
Class
Date
1.
Under FRE 611(c), leading questions are generally not allowed during __________ examination.
a)
redirect
b)
direct
c)
cross
d)
re-cross
2.
Leading questions may be permitted on direct for which of the following types of witnesses?
a)
Police officers
b)
Teachers
c)
Forgetful witnesses
d)
Hostile witnesses
e)
Expert witnesses
3.
FRE 401 defines relevant evidence as that which has any tendency to make a fact of consequence more or less __________.
a)
trustworthy
b)
interesting
c)
probable
d)
reliable
4.
Under FRE 401, evidence is not relevant unless it ______ a fact of consequence.
a)
proves
b)
disproves
c)
both of these
d)
neither of these
5.
True or False. FRE 403 requires judges to exclude evidence if its probative value is outweighed by the danger of unfair prejudice.
a)
True
b)
False
6.
True or False. FRE 401 requires judges to exclude evidence that is not relevant.
a)
True
b)
False
7.
FRE 403 allows exclusion of relevant evidence if its probative value is substantially outweighed by the danger of:
a)
repetition
b)
unfair prejudice
c)
confusion of the court
d)
lengthiness
8.
What term refers to evidence that might lead a jury to decide a case based on emotion rather than logic?
a)
Irrelevant
b)
Probative
c)
Prejudicial
d)
Redundant
9.
What is the most common hearsay exception used to admit documents?
a)
Business records
b)
Dying declaration
c)
Admission by a party opponent
d)
Prior inconsistent statement
10.
Which of these will your witness NOT need to show, to use the business records exception to the hearsay rule?
a)
Signed by the party against whom enforcement is sought
b)
Created by someone with knowledge
c)
Created in the ordinary course of business
d)
Kept in the ordinary course of business
11.
If your opponent objects to a question as irrelevant, your best response is to:
a)
Sit down
b)
Withdraw the question
c)
Argue about the rules
d)
Make a mini closing argument
12.
Under FRE 403, “probative value” means how:
a)
Short the evidence is
b)
Helpful the evidence is in proving a fact
c)
Reliable the source is
d)
Fair the process is
13.
True or False: FRE 401 sets a high threshold for evidence to be relevant.
a)
True
b)
False
14.
Judges have discretion to exclude evidence under FRE:
a)
FRE 401
b)
FRE 403
c)
Both of these
d)
Neither of these
15.
Your direct exam should sound like a:
a)
Conversation
b)
Debate
c)
Script
d)
Lecture
16.
Most direct exams follow what order?
a)
Chronological
b)
Alphabetical
c)
Legal precedence
d)
Reverse
17.
Jurors typically ask three questions when a witness takes the stand. Which of these is NOT one of those questions?:
a)
Who is this?
b)
What happened?
c)
What’s the attorney’s opinion?
d)
Why does this matter?
18.
True or False: Vocal inflection and body language matter as much as the words that the attorneys say.
a)
True
b)
False – words are all that matter
c)
False – only tone matters
d)
True – but only on TV
19.
True or False: Ending strong is just as important as starting strong.
a)
True
b)
False – jurors forget the end
c)
False – only the start matters
d)
True – but only in opening
20.
After the witness answers your last question, you should:
a)
Stand awkwardly, until the judge asks if you have any more questions
b)
Pause, to let the last answer linger
c)
Sit down immediately
d)
Say, “No further questions”
e)
Start redirect
21.
“Softening the blow” means:
a)
Whispering the question
b)
Preparing the jury for facts that hurt your case
c)
Avoiding confrontation
d)
Making jokes
22.
True or False. Redirect is used mainly to cover points that you forgot to ask about during direct.
a)
True
b)
False
23.
True or False. Redirect is used mainly to give your witness a chance to explain away points that opposing counsel made on cross exam.
a)
True
b)
False
24.
Good direct examinations should be three-way conversations. Which of these should NOT part of that three-way conversation?
a)
The attorney asking questions on direct exam
b)
The witness
c)
Opposing counsel
d)
The jury
e)
The judge
25.
A leading question is one that:
a)
Suggests the desired answer
b)
Uses legal jargon
c)
Confuses the jury
d)
Summarizes testimony
26.
Leading questions hurt credibility because:
a)
They sound too dramatic
b)
They make it seem like the witness needs help
c)
They bore the jury
d)
They impress the judge
27.
The 10-90 rule means:
a)
The lawyer talks 10% of the time
b)
Witnesses should speak 90% of the time
c)
Lawyers lead 90%
d)
There are 90 seconds per question
28.
Lawyers should ask questions that call for:
a)
Objections
b)
Long answers
c)
Storytelling
d)
Complex logic
29.
True or False: The attorney should use the key phrase before the witness does.
a)
True
b)
False – it should come from the witness first
c)
False – it doesn’t matter
d)
True – always lead the witness
30.
Once a witness uses a key word, the lawyer should:
a)
Avoid repeating it
b)
Rephrase it
c)
Use it in follow-up questions
d)
Ignore it
31.
Direct examination requires the lawyer to:
a)
Dominate the scene
b)
Take a back seat
c)
Interrupt often
d)
Ask yes/no questions
32.
True or False, FRE 401 sets a low threshold for evidence to be relevant.
a)
True
b)
False
33.
True or False, FRE 401 sets a low threshold for evidence to be relevant.
a)
True
b)
False
34.
True or False. If the witness can describe the scene clearly and remembers details, it stands to reason that the witness will also remember the details of what happened.
a)
True
b)
False
35.
True or False. Pace is an important aspect of recreating what happened.
a)
True
b)
False
36.
True or False. The witness should use common sensory language.
a)
True
b)
False
37.
True or False. The last thing a witness says on direct examination should be important and linger in the courtroom, so that every juror will remember it.
a)
True
b)
False
38.
True or False. Tone can make a question leading.
a)
True
b)
False
39.
True or False. Once the witness has used a key word or description, the lawyer should use it in follow-up questions.
a)
True
b)
False
40.
True or False. Statements don’t fall under the prior inconsistent statement exception unless the prior statement was made under oath.
a)
True
b)
False
41.
Under FRE 401 and 402, when is information considered relevant?
a)
If it is emotional or dramatic
b)
If it makes a fact more or less probable
c)
If it’s from a reliable witness
d)
If the lawyer believes it is important
42.
What does “unfair prejudice” mean under FRE 403?
a)
The evidence makes a witness uncomfortable
b)
It causes the jury to decide based on emotion rather than facts
c)
The evidence hurts the plaintiff’s case
d)
The evidence hurts the defendant’s case.
e)
It takes too long to present
43.
Why are out-of-court statements generally less reliable than direct testimony?
a)
They are too technical
b)
They are not subject to cross-examination
c)
They are longer
d)
They are more persuasive
44.
Why are hearsay statements generally less reliable than direct testimony?
a)
They are too technical
b)
The witness may have misheard the statement
c)
They are longer
d)
They are more persuasive
45.
Why are hearsay statements generally less reliable than direct testimony?
a)
They are too technical
b)
The witness may have misremembered the statement
c)
They are longer
d)
They are more persuasive
46.
What does TOMA stand for?
a)
Testimony of Modern Application
b)
Truth of the Matter Asserted
c)
Terms of Mandatory Admission
d)
Time Of Main Argument
47.
Which of these statements is NOT offered for the truth of the matter asserted?
a)
“He told me that the defendant stole his wallet.”
b)
“She told me that she cheated on the test.”
c)
“He accused Mr. Parker of cheating at poker.”
d)
“She told me that the light was red.”
e)
"He said he was going to hurt Parker, like Parker hurt him.
48.
What are the two most common hearsay exceptions used on cross-examination?
a)
Prior inconsistent statement
b)
Admission by a party opponent
c)
Business records
d)
Not offered for the truth of the matter asserted
49.
Which of these out of court statements are not hearsay?
a)
Statements to show the state of mind of the speaker
b)
Statements to show the impact on the listener
c)
Neither of these are hearsay
d)
Both of these are hearsay
50.
Why are admissions by a party opponent considered trustworthy?
a)
People don’t tell lies that hurt their case
b)
They are always recorded
c)
They are reviewed by a judge
d)
They are sworn under oath
51.
True or False: A statement must be made under oath to fit in the prior inconsistent statement exception to the hearsay rule.
a)
True
b)
False
52.
True or False: A statement must be made by the opposing party to fit in the prior inconsistent statement exception to the hearsay rule.
a)
True
b)
False
53.
True or False: A statement must be made under oath to fit in the admission by a party opponent exception to the hearsay rule.
a)
True
b)
False
54.
True or False. FRE 611b says that cross-examination should not go beyond the subject matter of the direct examination.
a)
True
b)
False
55.
True or False. FRE 611b says that, if cross-examination goes beyond the subject matter of the direct examination, the questions should not be leading.
a)
True
b)
False
56.
True or False. Mock Trial rules say that cross-examination should not go beyond the subject matter of the direct examination.
a)
True
b)
False
57.
What is impeachment by omission?
a)
When a witness leaves out key facts in earlier statements
b)
When a witness overstates details
c)
When a witness testifies anonymously
d)
When a lawyer skips questions
58.
Which of these is NOT one of the “3 Cs” of effective impeachment?
a)
Clarify
b)
Confirm
c)
Credit
d)
Confront
59.
True or False. When impeaching a witness, you should use their actual words from their witness statement.
a)
True
b)
False
60.
True or False. When impeaching a witness, you should usually have the witness read their actual words from their witness statement.
a)
True
b)
False
61.
Who should be doing 90% of the talking during direct exam?
a)
The witness
b)
The attorney
c)
Neither of these - the attorney and witness should always divide their time evenly
62.
Who should be doing 90% of the talking during cross exam?
a)
The witness
b)
The attorney
c)
Neither of these - the attorney and witness should always divide their time evenly
63.
Which of these is NOT a good way to protect your witness from being impeached by their prior inconsistent statement?
a)
Talk about the inconsistency during witnes prep
b)
Invoke the rule of completeness (FRE 106)
c)
Invoke the rule of unfair prejudice (FRE 403)
d)
Coach the witness to offer an explanation during cross
64.
Which of these is NOT a "core mandate" of FRE 609?
a)
Witnesses can be impeached with prior convictions of crime that "involved dishonesty or false statement" - unless the conviction is more than ten years old.
b)
Witnesses can be impeached with prior felolny convictions, unless the conviction is too old.
c)
Convictions that are more than ten years old are generally inadmissable.
d)
Convictions of the defendant in a criminal case are generally admissable.
65.
Which of these can make a question leading?
a)
The words of the question.
b)
The tone of voice used when asking the question.
c)
Either of these.
d)
Neither of these.
66.
Why should you avoid asking negative questions on cross examination?
a)
They're hard to hear
b)
They are disrespectful
c)
They confuse witnesses and jurors
d)
They’re too emotional
67.
You testify, the witness ratifies” means:
a)
You explain, they object
b)
You make the point, the witness agrees
c)
You read, they correct
d)
You object, they follow
68.
During cross, when the witness is answering your question, you should focus most on:
a)
The judge’s reaction
b)
The witness’s last answer
c)
Your notes
d)
The next witness
69.
Why use simple nouns and verbs on cross?
a)
They are unprofessional
b)
They give the witness a chance to weasel out
c)
They sound too dramatic
d)
They slow down testimony
70.
Why avoid adverbs and adjectives in cross?
a)
They are unprofessional
b)
They give the witness a chance to weasel out
c)
They sound too dramatic
d)
They slow down testimony
71.
What should be saved for closing, not cross-examination?
a)
Short questions
b)
Leading questions
c)
Conclusions
d)
Impeachment with prior inconsistent statements
72.
What is the risk of asking “why” on cross?
a)
It sounds aggressive
b)
The judge might object
c)
It lets the witness explain or justify
d)
It bores the jury
73.
How should you respond to a witness answering a question with a question?
a)
Ask again louder
b)
Object immediately
c)
Calmly repeat your question
d)
Call a sidebar
74.
Why shouldn’t you ask questions that start with “so,” “therefore,” or “in other words”?
a)
They’re old-fashioned
b)
They’re drawing a conclusion
c)
They confuse the judge
d)
They sound dramatic
75.
Why should a witness keep the same demeanor on cross and direct?
a)
Consistency builds credibility
b)
Judges require it
c)
It shortens testimony
d)
Lawyers prefer it
e)
None of these - it would be unnatural for witnesses to act the same on cross as the act on direct
76.
Which of these is NOT a good strategy for your witness, when they are asked a tough question on cross?
a)
Ask the attorney to repeat the question
b)
Ask the attorney to rephrase the question
c)
Answer with "it depends."
d)
Answer with "not necessarily."
e)
Look to you for coaching.
77.
What should your witness do when you object during cross examination?
a)
Don’t answer until the judge rules on the objection
b)
Listen to your objection, to learn what is wrong with the question
c)
Neither of these
d)
Both of these
78.
If the witness isn't answering your question, or is going far beyond what you asked, you should:
a)
Immediately ask the judge to instruct the witness to answer your questions, so that you don't waive your objection.
b)
Immediately cut off the witness, so that the jury won't hear testimony that hurts your case.
c)
Allow the witness to ramble, because it makes you look good and makes the witness look bad.
d)
Repeat the question, until the witness answers it.
e)
Follow the long answer with this short question: "Is that a yes?"
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