The Perfect Cross Examination Question

The Lawyerist blog points out some great cross-examination tips from the book Theater Tips and Strategies for Jury Trials by David Ball (which is available in library KF8915.Z9 B3 2003 ).  Per the Lawyerist:

“The perfect question is built not only to get the answer you anticipate, and one that helps you persuade the jury. It also denies the witness time to think of any response other than exactly the response you are looking for. And it elicits only one or two facts, making the question and the answer easy to understand.”

The following example is given:

Q1: You saw your roommate face-down on the floor when you walked in the room, right?

Same question (in essence) but closer to perfect:

Q2: You walked in the room…and saw your roommate face down on the floor. Right?

Question 2 is better because it does not give the witness time to think, and provokes an immediate answer.

The library also has some great videos on cross-examination, such as  Mastering the Art of Cross-Examination KF8920 .M37 2005.  And don’t forget about CourtRoom View Network’s Video Training Library which has snippets from real trials along with expert analysis and tips.  There are other books on trial advocacy and cross-examination, in the Atrium level stacks and in Room A066, mostly around call number KF 8900.  Also take a look at our Litigation resource guide.

(hat tip to the Legal Skills Prof Blog)

Photo:   In the witness box ready for cross-examination!? By NHN_2009