Easy (and Effective) Cross Examination Technique!

[@LawVenture]

What kind of videos would you like to see in the future? Let us know!

[@arandomartlover]

How to be a better Expert Witness? Thanks for putting this great clip together. Dr. Kay Sobhe, Certified Rug Specialist, Certified Rug Appraiser

[@x25__]

How to put your hypotheticals to music? kzbin.info/www/bejne/Y16kp3apnZlrmM0

[@nevilletaylor490]

I haven't watched all this video, just at 9:42 so far, I would like to see at the end of the video how the Accused would tackle those leading questions to defend themselves, how do they break out of your steel cattle Shute of sequential leading questions and insert into those leading questions, that those drinks were over a 4 hour period on a full stomach and he's six foot 4 inches with an athletes metabolism? Also at the end of the video just a quick flip of roles, how would you defend against that apart from objections, the Defense counsel would have to wait for the Prosecutions cross to finish, the Accused is only allowed, yes, no, I don't know and I can't answer with just a yes or a no?

[@scott6828]

@lawventure: Excellent tutorial on cross. Very simple, very smart....in keeping w/ your open-ended questions, I personally, would avoid asking "...you drank the shot/beer" because I actually have a tendency to talk too much and w my luck, the defendant would claim he never did or bought it for someone else...this has absolutely happened to me!! 😂

[@hiker-uy1bi]

Direct examination: witness should be talking Cross examination: you should be talking

[@rick-the-anglo-saxon]

I start most cross questions by boxing in the witness like this: "Do you accept that...[premise]" This solicits a yes / no answer and mitigates the possibility of the witness saying "that's not true" or going into a their own narrative. For questions where you know the answer, use the 5 whiskeys and a Hotel strategy.... What, Where, When, Who, Why and How. Never ask a question about a material fact which might solicit an answer you don't expect. * Some jurisdictions require a disputed fact to be challenged under cross; failing which the impunged fact is accepted. Never ask the one question to many.... For example... [Lawyer] Do you accept that you did not see the defendant bite off the victim's tongue? [witness] Yes. [Lawyer - with one question to many] "Well why do you say that the defendant did bite off the victims tongue if you didn't see that?" [witness} I saw the defendant spit out the victims severed tongue." The lawyer should have taken the win on the first answer and left it at that.

[@JL-pj9ml]

Criminal defense attorneys: take it from a prosecutor - don't just rehash the facts of the case. WE have the burden, and the foundation has already been laid for your more specific questions. NEVER ask a question you don't know the answer to (unless it's at a prelim for discovery purposes). Poke holes, don't prop up the state's case. If it doesn't hurt the state's case, you shouldn't be asking the question

[@MidlifeRenaissanceMan]

Hey Question for you: Background: Non legal (alleged) human here… I have a restraining / violence order final orders hearing where I am the respondent and I’m self represented Essentially it’s a one shot, lose evidence, balance of probabilities bench hearing before a magistrate. No one goes to jail / gaol. Just a “you can’t…..or else you may go to jail” order The applicant has said things that mislead the magistrate at the ex parte hearing where he got an interim order against me Got it all on court audio No witnesses. Just him and me… I’ve subpoenaed location data from his phone carrier which they can advised me that they can supply. Still have to get it admitted, but hey… Just received the timeline from the applicant. It’s touch and go whether the magistrate will issue final orders just on that, however, I do get to cross examine him via a court officer because, you know, [alleged] perp cross examining the “victim”. I am thinking of an open ended question strategy to get the applicant to talk, much more like an interrogation. Baseline him, get him to open up, to embellish, to paint drama, to expound to the court why he needs this protection order, and the other options available to him weren’t taken, then move in on the stuff he has either left out, that was in his initial unsuccessful application, and a misleading assertion as to his domicile he made to the magistrate that gave him the interim order. My experience has been in sales and negotiations, but trial stuff seems different. Some people talk too much, especially when they’re lying, open ended questions often give you details you can narrow down onto with directed questions to show likely falsehood or ambiguity at best. My question Are there situations you would hit someone with open ended questions during a cross examination, especially if you have a good idea as to how they will respond and you’ve got evidence that they are lying ?

[@onacolasante5888]

What's very useful here is the message that we have to have a GOAL when doing cross. You mentioned the elements of the crime. Now I see that if I keep the elements of the crime in mind while fashioning cross-examination questions, I can get to the goal by only asking questions that make the witness agree to elements of the crime. Before watching this, I was putting together questions that didn't work toward a goal, which would have been very confusing for the jury. Thank you!

[@LawVenture]

Exactly right! Cross is all about collecting puzzle pieces that you will use during closing argument. The trick is that you should know what puzzle pieces you are trying to collect before the cross begins. Using the elements of the claim/crime is a great starting point.

[@israelchavarin5671]

@@LawVenture can I download it without being in law school ?

[@MatthewHarrisLawPLLC]

Great video! We call this method the "human-bobblehead" cross examination. All leading questions, and all answers should be yes.

[@LawVenture]

Haha I like the name!

[@MatthewHarrisLawPLLC]

@@LawVenture That's how we explain it to clients so they know what to expect from the opposing counsel during cross. 60% of the time, it works every time!

[@michaeloyaro]

Came across this quite late here, 0300 hrs, and quite grateful. This will definitely make me better. These are things you are never taught in school!

[@kellymiddleton1843]

Came across your comment 😂249am nz great learning here 🎉

[@emotionalsupportpaintbrush]

Just wanted to let u know in a counselor but have so enjoyed “lawtube” and wanted to more about law as a “hobby” and to better understand the legal system I live in. So thank u for your videos

[@MarkH10]

Grammerly

[@otises8003]

Very informative! New subbie. I was employing these techniques unconsciously last week but this helps me to have a plan I can execute at each trial.

[@starlick3269]

I didint take law but i real like this facult

[@thedalj]

can you do a video of how a defendent can own the prosecution?

[@wolf-studio]

Wow! nice video. I am working on a mock trial right now and this video really helps my case!🙂🙂

[@byekwasoabdallah4473]

U hav won urself a follower this is so educative to me as a law student at the bar course 🤝

[@MoonRainMyst]

Great video. Thank you for the eye opener. I'm pro se and going to use this on the defendant.

[@ThatOddLlama123]

Keep up the great content man, you should make a video on how to do closing statements, as I loved the way you broke down how to make opening statements and would love it if you did something similar for closing statements

[@LawVenture]

I appreciate it! And I actually have that exact video on Closing Argument in Trial Ad Academy. Unfortunately, I can't share that one on KZbin because it would be a bit unfair for everyone that paid for the course. I still plan on releasing videos on Closing Argument though! I'll just need to take a different approach with it.

[@ThatOddLlama123]

@@LawVenture Ah ok that’s fair but keep up the great work man you make a lot of concepts I didn’t understand before way easier and I’m sure your helping thousands with you vids :)

[@LawVenture]

I really appreciate that! 🙌

[@petergreen5337]

Thank you very much indeed.

[@Azsxdcfv54321]

very useful!!!! than my school lectures!

[@gansgross6464]

Thank you!

[@LawVenture]

Of course!

[@thecloudiestsky]

Wow, thanks so much for this video! I'm a middle school student doing my first mock trial as the direct and cross examiner for the case People v. Woodson. I've been struggling to find where to start, since I have absolutely no idea what the witness is going to say on the direct and what their case theory is. Thanks for giving me a new way to think about this stuff!

[@LawVenture]

Best of luck!

[@thecloudiestsky]

Thanks so much!

[@angusg220]

Is a defendant obliged to submit to cross examination?

[@Charliemayne716]

5th amendment = a defendant cannot be made to incriminate themselves 💯

[@jensireads]

Studying for my mock trial with only 3 hours on the clock😅

[@prideandprejudicebyjaneausten]

Lol sorry 8 months late, but how’d it go?

[@muhdfarhanmohdfauzi8367]

1 year after, im studying for my mock trial with 2 days left

[@thedwarvendispatch5364]

I went to the link and entered my email address. Where is the free objections download?

[@alexmacdonell9801]

Awesome, thank you so much.

[@tacticalattorney]

Thanks! Glad you enjoyed it.

[@eduardovelasquez8201]

what kind of veritasium is this

[@tint6625]

I’m the one watching it because I’m gonna cross examining my accuser

[@CFC7452]

Dang really??? How did it go?

[@thecloudiestsky]

Okay I have a question. What do you do when you are supposed to cross examine a witness off of the stuff from your mock trial witness statements, but nothing he says can be used against him? But if I don't cross examine, won't I look like I can't make an argument against his logic?

[@christalhardy8771]

I have a question. .I have court tomorrow and I do not have an attorney but pro se and seeking for the judge to grant me the plaintiff a FRO. I am going to be cross examined and I believe I will have to also cross examine the defendant who raped me! How do I start ? What kind of questions do I ask ? Can he use the 5tt amendment and I'm simply being interrogated by his lawyer ? I already submitted evidence on last Wed and they both were not prepared

[@lowhertzhighspl]

Question: in the beginning you said you had the opportunity to do a few things. Does this mean you took part in it or you just "had the opportunity to" (but didn't)? 😬😉

[@ConnorReynolds784]

I think it’s also important to note that if you ever find yourself being cross examined, you can ask the attorney to change the leading question into an open one. As long as you explain to the attorney and the judge that because leading questions encourage someone to answer a certain way, it’s very subjective and can lead to wrong information.

[@LawVenture]

If you're being crossed by a skilled trial lawyer, this is dangerous advice. If you're being asked simple questions and you can't provide simple answers, then it's not going to look good. Plus, the whole point of re-direct is to provide the additional context, if needed.

[@ConnorReynolds784]

@@LawVenture are all leading questions, simple questions? I never said not being able to provide an answer to the question. I’m saying that if a lawyer is attempting to put words in your mouth via a leading question, you can ask them to change it to an open one. You’re still willing to answer the question, you’re just not playing the lawyer’s game. Does this mean you should challenge every leading question? Of course not, but when a lawyer is attempting to put words in your mouth, that can be dangerous for your testimony and lead to inaccurate information. It’s one thing when the question is just confirming information that has already been answered. Such as “you have been a doctor for twenty two years haven’t you?

[@LawVenture]

“Are all leading questions simple questions?” They should be… *points to KZbin video that you’re commenting on*

[@ConnorReynolds784]

@@LawVenture “they should be” emphasis on should, which means that leading questions aren’t always simple attempts at getting information. Often times lawyers will use leading questions to put words into the mouths of witnesses and get them to agree/disagree with something that is not accurate. And giving inaccurate information has significant consequences for witnesses. Now I know having a witness discredited under cross examination is great for a lawyer performing the cross, but remember that comes at the witness’s expense. And are you really going to tell me that some lawyers don’t go out of their way to ruin a witness’s credibility? No you won’t, so my original comment still stands.

[@pedrinho7]

Surely the difficulty arises when they don't agree with the answers you suggest. If they agree with those points then aren't they just paving the way to admission. Surely anyone putting a half decent defence to the claim of drink driving wouldn't admit having bought those drinks...

[@JayneCarver-fw3jz]

Do you have a video about questioning your client and the supposed victim where you're confident your client is being falsely accused?

[@sharonpretika801]

I m going tomorrow for cross examination the person did breach of my protection order

[@gshock1218]

What do you do when the witness just lie and asnwers NO to of your questions?

[@wahoooo8523]

Well this probably won’t help u know but I’m assuming your doing mock trial your supposed to motion to impeach the witness

[@franciscocabral4654]

What if the defense lawyer objects to leading??

[@Phactualone]

Leading questions are allowed in cross examination

[@lofiwebb]

i need crash course. i got trial coming up

[@alkarimshariff2720]

I was fired and targeted after 23.5 years i am 57 as a shipping supervisor my employers was talking more than I couldn't explain my side and next thing i was gone as i was loading a trailer and it moved off the shipping dock and was driver error but they planned out

[@gansgross6464]

Have you heard about chess tactic? The same question asked to different witnesses

[@gansgross6464]

Different witnesses are asked the same question

[@LawVenture]

I don't recognize the name. Can you provide more details so that I'm understanding correctly?

[@robertharrison1601]

With out the 700 Remington¿!?

[@javierbarajas3087]

This video and your tips was just what I needed to nail my former girlfriend and the DA that is just looking for a higher conviction rate , instead of finding out the true and what really happened. I. An representing myself bc I don't trust the system and I am using the element of surprise this DA will not see coming and he would have to go just by what's on the report. I am going to with this trial and then sued my former ex for punitive damages and abused. Thank you so much.

[@MrLee-gf8kb]

Haha, nice Javier

[@billyboy4283]

How'd it go?

[@bkhoavo]

Did he ever start??

[@onalennamasike2163]

I'm a law student please teach me

[@paulinerasmussen1106]

I am 80 hrs old , lost 3 hrs of my life can’t get representation because it’s malpractice against well known Attorneys. A shame, unfair.

[@sredlogic2800]

What you described is an examination, not a cross-examination.

[@Leylaebru]

What about objection, leading? 🙆🤣

[@CaptainCrunchOwns]

Leading questions are allowed on cross.

[@Leylaebru]

@@CaptainCrunchOwns was quoting Camila Vasquez for humour at the time but ok

[@CaptainCrunchOwns]

​@@Leylaebru Gotcha, no offense intended. Didn't pick up on that one.

[@tabithamorgan1367]

How do we knw how to lead a question without hearing the facts. How did u even get to “you had a drink at the bar”🤷🏾‍♀️

[@michaelwalker8456]

3 mins in just got to the meat of the viseo 😢😢😢

[@PressHBCA]

Uff… I asked you a simple question. Yes or No will be fine. You knew you needed a search warrant based on your own manual. Correct? Well Blah blah blah blah. Thank you, for the sake of clarification I’ll take that as a yes! Well no Blah blah blah blah Ahh my apologies, so your answer is no. Well No. Thank you. No further questions for this witness your Honor. Your Honor I’d like to explain I believe you just did sir , you may step down. These are the wiggle worms I hate. But your right 1+1+1 is the best way

[@obsidianry0546]

Starting off with "all of my questions can be answered with either a yes or no" then asking if they agree to abide by that is an effective strategy

[@litigious]

I would respond to many of tour questions with: “Did I?” or “I don’t recall.” What then? Haha

[@ericwillison4011]

Is that convincing to the jury?

[@litigious]

@@ericwillison4011 Good point! Thank you.

[@ubcuni1930]

the jury would note that the witness is avoiding all questions and that would cast doubt on your credibility

[@obsidianry0546]

There's an objection specifically for this: "Your honor, the witness has become unresponsive." Which could get the witness impeached

[@Emily-zb7xt]

I thought you weren't supposed to lead the witness?

[@codyaustin8743]

Only on direct examination. During cross you want to ask leading questions. The goal is to dis-credit the witness.

[@lesetjanoko4346]

Beutiful

[@cindymiller2748]

You really need to learn how to get to the point. It took you over 3 minutes to talk about something worth listening to

[@LawVenture]

Yikes.

[@alexpaparo454]

@@LawVenturehey man don’t worry about it, I liked the opening 3 minutes it gave you credibility and likability. I’m about to be a new law school student and I’m in mock now, this video really helped me:)

[@nathanyan1215]

Nah im 11