Do Now: Review:1.What is the purpose of cross examination?2.What will a useful cross examination accomplish?

This lesson is designed to meet common core standards 1 and 4.

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

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.

As with direct based on 4 principles:1. Primacy and Recency2. Apposition3. Repetition4. Duration

Unlike direct, may have to deal with difficult, uncooperative or recalcitrant witness. Therefore there are additional principles to consider when planning a cross.

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)

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.

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.

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.

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?

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?

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.

Familiarize yourself with Mock Trial Cases. Bring Cross-Examination Graphic Organizer. Direct Examinations due