Monday, September 24, 2007

I just started a new class called Mock Trial. It's like the high school version of Law and Order. Theres compitition and events forit and it's really hard class! I'm not understanding it completly, right now we are just basically going over cross and direct examination and relavane rules. But, anyway I just wanted you to know incase your interested or have time to help me. I you are interested comment and I will e-mail you my affidavit for the witness I am in this trial case and I'll e-mail the case and rules maybe. Anywho if you are really interested just tell me and I would love if somebody could explain it better than my teacher. ( One of the highest judges in Colorado.) Thank You!

-Devynne Marie Biggs

5 comments:

Connie and Daniel Biggs Family said...

This mainly goes out to Shad but anyone else whose interested can also comment.
-DMB

Mom & Dad said...

I would definitely contact Shad as the family expert in law and order. As much as I have watched Perry Mason and other courtroom dramas, I am certainly no expert. If you can think of a way I can help, though, I would be happy to. Grandma

Esther said...

I would love to help. However I am unsure exactly what you need help with. If what you are looking for is just understanding of terms, I will offer a short (and hopefully simple) explanation of a few of the words you used. If you want to email me more specific questions or comments I would be glad to provide any assistance you might need.

A trial is all about evidence. A case must be proven through evidence. This can include physical evidence such as a weapon or as is most often the case through testimony. Before evidence can be admitted or given it must be admissible. To be admissible it must first be relevant.

Relevance: A piece of evidence is relevant if it makes any material fact needed to prove or disprove your case more or less likely. Thus, if someone is on trial for murder, a judge must ask, "does this evidence make it more or less likely that the defendant committed the murder?" If the answer is yes, it is relevant.

Direct Examination: Direct examination is the questioning of a witness by the person who called the witness. This is the first attorney to question a witness. The lawyer can ask any relevant question but cannot suggest the answer to the question in the question (this is called leading the witness). For example, it is proper to ask "where were you on Thursday night?" However, it is improper to ask "isn't true you were at home Thursday night?"

Cross Examination: This is when the witness is questioned by the attorney that did not call the person as a witness. This would be the second attorney to question the witness. Usually on cross-examination an attorney can ask the witness about anything covered under direct examination or anything that would show the witness might not be telling the truth. The attorney may also use leading questions as well.

I'm sorry this seems long but the terms are very complex, in fact I've only just skimmed the surface. Evidence is a very tricky subject that even many law students struggle with. I'm proud of you for taking a crack at it. Trials really can be fun, though challenging. If you have any other questions or would like more detailed information than that above email me. I believe your dad has my email.



Shad

Connie and Daniel Biggs Family said...

Thank you so much Shad! That helped explain it a ton. But I do have some other questions that I will e-mail to you.(: Thanks!
-Devynne Marie Biggs

Shauna said...

That's great, Devynne! When I was YW Pres, we had a few girls who did that & they loved it.

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