/
CROSS-EXAMINATION  Mario Licha CROSS-EXAMINATION  Mario Licha

CROSS-EXAMINATION Mario Licha - PowerPoint Presentation

tawny-fly
tawny-fly . @tawny-fly
Follow
381 views
Uploaded On 2018-03-15

CROSS-EXAMINATION Mario Licha - PPT Presentation

Barrister Clarence Chambers 0402 968 997 wwwguiltynotguiltycomau Introduction Important part of advocacy Read as many books on advocacy and crossexamination as you like Watch as many video presentations seminars as you like ID: 652295

evidence cross case examination cross evidence examination case questions witness paramount short rules read books law state chief start answer court cases

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "CROSS-EXAMINATION Mario Licha" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

CROSS-EXAMINATION

Mario Licha

Barrister

Clarence Chambers

0402 968 997

www.guiltynotguilty.com.auSlide2

Introduction

Important part of advocacy.

Read as many books on advocacy and cross-examination as you like.

Watch as many video presentations / seminars as you like.

Can’t beat experience.

Never over look the importance of Examination-in-chief.Slide3

The paramount rule

Maintain your ethical standards, professionaly and personaly

As officers of the Court we have our paramount duty to the Court.

Clients and cases are only in our lives for a short time.

We are going to be practicing for many years to come.

Your reputation is paramount.Slide4
Slide5

Where to start

We start at the end.

Where do we want to end up?

Look at the law.

Know the essential elements of the case.

This will guide your cross-examination.Slide6

The rules of Cross-examination

Stick to the rules.

Know when to bend the rules.

Know the legislation.

Know the case law.

Keep up to date with any changes.

Know the dangers. Rasing Character evidence.Slide7

Goals

What do you want to get out of the witness?

Getting evidence favourable to your case.

Getting evidence that damage your opponent’s case.

Discrediting a witness.Slide8

Theory of the case

What really happened.

Concerntrate on the facts.

What are the facts in issue?Slide9

Common mistakes

Not cross-examining on what you need to cross-examine.

Not done so under instructions.

Not done so on what’s avaliable on the evidence.

Cross-examining without a purpose.

Making closing submissions not supported by the evidence.Slide10

10 Commandments – Prof. Younger

Brief, short and succinct.

Use short questions and plain words.

Ask only leading questions. *

Only ask questions you know the answer to. *

Listen to the witness’s answers.

Do not quarrel with the witness.

Do not repeat evidence-in-chief.

Never let the witness explain anything. *

Avoid the one answer too many.

Save the ultimate point to last. *Slide11

Localise your questions

Federal or State? Which State?

What does the law say?

What do the cases say?

Browne v DunnSlide12

10 commandments *

Things may not be that clear.

Be variable and fluid in your approach.

Know your bench, opponent amd witnesses.

No 3

No 4

No 8

No 10Slide13

Books to read

Plenty out there to read.

My books I recommend.

Sherlock Holmes.

The Art of War.

50 lessons lawyers can learn from poker players.

ooOoo