Q&A for How to Cross Examine

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  • Question
    How do you cross-examine a lying witness?
    Camila Lopez Camila Lopez is an Attorney based in California. She co-founded People Clerk, a firm that helps individuals navigate the court system in an easy and affordable way. In 2024, People Clerk was acquired by fellow legal organization JusticeDirect Law, where Camila now serves as a Legal Educator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice. As the Chief Legal Architect at People Clerk, she designed the company’s platform so that individuals can learn how to pursue their small claims lawsuits on their own. As a trained mediator, she is also passionate about the out-of-court resolution of disputes. Prior to JusticeDirect and People Clerk, she worked in plaintiff’s mass torts litigation and in consumer protection at the New York Attorney General's Bureau of Consumer Frauds and Protection. She received a Bachelor of Arts in Political Economy from the University of California, Berkeley, and attended Benjamin N. Cardozo School of Law in New York City, where she received the Mark Whitlock Scholarship for her effort, energy, spirit, and initiative that strengthened student life.
    Camila Lopez
    Attorney
    Expert Answer
    Listen very carefully—that's the number one key! You have to listen very carefully so you can catch the witness in their own lie.
  • Question
    Would a prosecutor and a defense lawyer have the same witnesses?
    Community Answer
    Community Answer
    Traditionally, yes. The witness will be examined by whichever side they are on, and then they will get cross examined by the other side. For example, if you are a prosecution witness, the prosecution lawyer will question you and then once they are done, the defense lawyer will cross question you. If they have no questions for the witness, the lawyers can decline the right to cross examine.
  • Question
    How do I cross examine a respondent who is guilty of cruelty and cheating in a divorce, but there is no evidence of this?
    Community Answer
    Community Answer
    You must ask questions that will make the respondent admit to the cruelty and cheating. Remember that the respondent is innocent until proven guilty. You may ask leading questions, but don't badger the witness.
  • Question
    Is it harder to do a cross examination than write an answer?
    Community Answer
    Community Answer
    It depends on whether you excel in writing or speaking.
  • Question
    What do I do when the questioning isn't going as well?
    Community Answer
    Community Answer
    Maybe you should write down the information and find the details before trying to solve the problem.
  • Question
    How do I bring the statements of witnesses from other cases when the witness is on the stand?
    Community Answer
    Community Answer
    When cross-examining a witness, you typically just say "So and so said this, correct?" If an objection ever arises, have a citation sheet at your desk so you can back up the question.
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