Advocacy

Question	Answer
What is the most common reason why 2 parties recall a different versions of the same event? They recall it differently.	Called the Rashomon effect, it is contradictory interpretations of the same event by different people
Which advocacy skills generate the greatest amount of success at trial?	Key advocacy skills include case analysis, use of skeleton arguments, oral submissions, examinations-in-chief and cross-examination, pleas in mitigation and legal submissions.
A theory of the case refers to what? Always the way in which you view or present your facts and the law	The Theory of the Case is a summary of what the party believes happened that logically fits with all the evidence that is expected to be presented to the court
The steps to follow in the developing of the theory of the case include what?	There are three main elements of a theory of a case: 1. it must be factually logical and fit common sense 2. it must satisfy the legal elements needed to win 3 . it must appeal to the emotions of the trier-of-fact
The steps of an effective witness interview are what?	Step 1: Obtain a chronological overview Step 2: Close all gaps Step 3. Probe events for theory development.
An effective opening statement for a respondent or defense should?	- should state the facts of the case - should contradict the prosecutions accusations - should summarize the witnesses - should conclude with a likely outcome and verdict you hope to achieve
When deciding to have two or more witness give evidence on the same fact, corroborate evidence is helpful when?	Evidence supplementary to that already given and tending to strengthen or confirm it
What is a leading question?	a question that suggests the particular answer or contains the information the examiner is looking to have confirmed.
To prepare for cross examination of a witness, ask the following questions…	....
Generally, leading questions may be asked during when?	During Direct examination
The witness testifying to the defence…….. (finish the sentence)	...
When entering exhibits…..	- ask the witness authenticate, - then ask the judge to enter, - then ask the judge if exhibit can back to witness for questioning
Exhibits are often introduced during cross exam to do what?	to strengthen facts and/or refresh memory
when referring to a subsection of substantive law…..	read it verbatim, word for word
after the decision maker makes judgement in favour of your client the plaintiff what do you do? (With respect to costs, etc…)	You can ask the judge to award you court costs if you win your case. be sure to know the details of all incurred costs
when objecting to a question what do you do?	- stand up - speak clearly - state the grounds on which you object
you summons a witness to appear at a court trial or hearing when? Not 100% sure witness will attend	can ask the Ontario Superior Court of Justice to issue a warrant
if a paralegal learns of a binding authority that is directly on point but is helpful to the other side what do you do?	Bring it forward
when advocating against unrepresented persons, the paralegal should not….	paralegal must ensure that the unrepresented person does not think or infer that the lawyer or paralegal is also acting for the unrepresented person.
When entering into a guilty plea for the client, the clients instructions to enter into the agreement on a guilty plea should be?	written and signed
What is substantive law?	refers to the body of rules that determine the rights and obligations of individuals and collective bodies
What is the law of evidence?	the body of regulations governing the proof of the existence of a fact before a court.
How do the parties present their evidence in small claims court?	Through examination in chief, cross examination, re examination
What are the six steps to follow when developing the theory of the case?	A. Gather the facts of the case B. Identify the legal issues raised by the facts. C. Research and find the relevant law. D. Determine how you will put the relevant facts into evidence. E. Assess your own case. F. Assess your opponent’s case.
What are the basic guidelines to follow when preparing and conducting the direct examination of your witness?	- Gather what you will need - Book the examination for discovery - Prepare and serve a notice of examination -Review the pleadings in the action - Review the key documents - Prepare an event chronology - Prepare a list of discovery questions - Brief your client on the discovery process
Briefly discuss how to prepare for and organize your re-examination.	by listening to the cross-examination you will gain the information of what you need to re-cover in your re-examination. you can shed further light on any information brought forth by them
Provide an example of how exhibits may be used during cross-examination?	an exhibit may be used during cross examination to counter what a witness has stated and show them as unreliable. ex. in his statement he stated that it was dark, the witness stated in the examination in chief that it was early in the day
What is the recommended format for a closing argument? Describe what should be in each step.	Discuss the facts of the case in a way that favors your side. If necessary, review the laws or evidence relevant to the case Provide a conclusion where you repeat what you stated at the beginning. try to include an interesting and easy to remember statement or fact

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	Created by chantal Seguin almost 8 years ago