Advocacy Assignment 2

1. Purpose of the Exercise. To plan, structure, organize, prepare and present a direct examination of a fact witness in the Taylor case. 2. Assignment. There are three parts to this assignment. The first part is your individual organization, preparation and performance of a direct examination, as well as responding to objections by opposing counsel. The second part is your service as a witness as another student conducts a direct examination. The third part is playing the role of opposing counsel and making proper objections to questions during your opponents performance. a. Direct Examination Performance. In accordance with the guidance below, prepare a complete direct examination in the Duffie case. Your job is to use the witness to introduce facts that will advance your factual theory, legal theory, and case theme. Follow the organizational principles for a direct examination found in the Rose text. Remember to use single-fact, nonleading questions. Use transitional devices such as headlines to help your examination move along. You are permitted to meet beforehand with your witnesses to discuss their testimony and prepare them for their examination. Do not use diagrams or exhibits in this exercise. b. Witness Duty. In accordance with the guidance below, prepare to play the part of the witness. You should prepare by carefully reading anything in the case file pertaining to that witness. Recall the no-Jackass rule we discussed the first day of class and keep in mind that most witnesses, particularly those who are called by prosecutors and plaintiffs attorneys, have a genuine desire to help the attorney succeed. As a witness, you may take one notecard (or piece of paper, I dont care which), prepared only by you, on the stand to help you remember facts. Witnesses may not take the case file or any part of it to the stand with them. 3. Evaluation Criteria. a. Examination uses single-fact, non-leading questions.

b. Use of effective transitional devices such as headlines, looping and coupling c. Effective & logical organization of direct examination d. Examination advances case theory e. Attorney listens to witness responses f. Witness takes center stage during examination 3. Witness and Attorney Roles. Even-numbered attorneys will prepare a direct examination of Chris Jensen and will play the witness role of Kelly Taylor. Odd-numbered attorneys will prepare a direct examination of Kelly Taylor and will play the witness role of Chris Jensen.

When not conducting a direct examination or serving as a witness, you will be required to serve as opposing counsel.