Cross Examination of my Wife! | Mock Trial Example

Husband/Lawyer vs. Wife/Lawyer. Watch this cross examination example to see all of the points made and a MAJOR blunder!
If you're going to conduct a cross examination in court, then you need to determine the points that you want to use during Closing Argument. This requires you to start with the end (i.e., Closing Argument) to determine how you should execute your cross examination. But, to execute this trial strategy, it's all about using the right cross examination technique and tips.
With this mock trial example, my goal was to never get overly aggressive with the detective and former police officer. During a jury trial like this, my number one goal with this cross examination was to show that the detective failed to conduct fair and reasonable investigation by spotlighting everything the detective chose NOT to investigate.
In other words, by showing the jury that the detective's conclusions are based on limited and unreliable information, then the detective's opinions should thereby be unreliable.
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Now the boring stuff:
This is not legal advice. This content and all of Law Venture's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney client relationship of any kind.
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[@LawVenture]

A lot of the Cross Examination points in this video should be obvious after you watch the Direct Examination. But, there are a couple of ones that relate to other witnesses that you haven't seen yet. I plan on breaking down this example and the other witnesses over at Trial Ad Academy. You can join me by clicking the link in this video's description!

[@LegalBriefs]

My wife and I are both lawyers but I would never even fake-cross her. You are much braver than I! :)

[@LawVenture]

And you're smarter than I am!

[@NiallCooperTV]

I always use the client's name i.e "Mr. Johnson was not.........." instead of "My client was not.........." every time I use the word "client" is reminds the jury that I am speaking on his behalf for money. to connect with the jury and humanize the client, I never use "My Client.......".

[@NiallCooperTV]

respect from the UK bro

[@whatwillyoudiefor7774]

Well said.

[@LawVenture]

I like this a lot and totally agree! "My client" is honestly a bad habit of mine that I gained from doing a lot of Mock Trial competitions. There would be times when I would have multiple rounds and would have to represent both sides that night. So, to make sure that I didn't slip up on names, I'd use "my client." Great feedback!

[@melaniemartinez4645]

your videos are extremely helpful! thank you so much

[@LawVenture]

Happy to help!

[@kristybarnes2563]

17:07 speculation/not a medical expert; 18:23 can't state what you believed; 19:17 hearsay/motion to strike witness testimony; 19:23 hearsay/mtswt; 26:56 speculation; 27:25; 27:46 not an expert witness; stopped viewing 28:24. How'd I do? I'm not a BAR member.

[@stephaniesamra7960]

Ohhhh no response from law venture!! 🤣

[@charleslanham5839]

this is a good channel. i am studying for the bar now.

[@allyourcode]

[@LawVenture]

Definitely not a good idea because you're assuming the witness will give straight and short answers. Any open ended question gives the witness to spin an answer however they want. Q: How fast was my client driving? A: I don't know... but it was probably super fast because [insert long-winded answer here]. Your cross will be much slower and convoluted this way.

[@ajia6053]

Would 11:20 - 11:35 be Lay Opinion 701 and should be given to the jury in limited instruction since she isn't a mechanic or a technician; therefore, she isn't an expert. Words like "It suggests" and "in my opinion" have me thinking that. Feel free to jump in if you see this and have an answer.

[@LawVenture]

So whether the witness is a qualified expert is a HUGE issue that I haven't really seen anyone bring up in the Direct Examination video (I haven't commented a ton on that video because I don't want to spoil anything). If it is determined that this witness isn't an expert, then huge chunks of the Direct Examination would never be presented to the jury... which is why a Daubert hearing is soooo important!

[@ajia6053]

@@LawVenture Right, the Daubert factors! Thanks for this. My evidence exam is approaching and your channel has been very helpful!!

[@LawVenture]

@@ajia6053 Glad to hear it and best of luck!

[@randomhandle]

Tell me you're trying Walford v. Blizard without telling me you're trying Walford v. Blizard.

[@G.Harley.Davidson]

Wow, it is rare to see a functional dual lawyer spouse marriage last from my experiences.

[@arjunkakkar952]

are they names based on suits?

[@LawVenture]

Yup!