How to cross-examine a witness

How to cross-examine a witness #GKtv #Howto #crossexamine How to cross-examine a witness How should you cross-examine a witness? Cross-examination is an art. There is too little time to explain everything here. Let us look at some essentials. [1] Let us set the scene: John, the plaintiff, is the Defendant’s employee. John is your client. On 23rd June, 2017, at 8.35 p.m., while John was inspecting a pipeline in the Defendant’s Premises, a tank exploded. John – your client – has been badly injured. You wish to show that this disaster could have been easily avoided had the Defendant followed safety precautions. The employer had not. The Defendant – the employer – says, ‘It is a terrible thing that has occurred’, but he is not at fault. [2] How to deal with the opposing witness Put it to the witness in simple words.  In short sentences. Be polite. Get on his side. Bring down his natural inclination to distrust you. [3] Before we go any further let us look at some Dos’ and Don’ts [4] Some Dos’ Have a list of ‘Road Map’ for Cross Examination.  [4.1] The Road Map must have milestones that says – ‘to prove A’; ‘to prove B’ etc, In each Milestone describe what objective you wish to achieve. Your Chapter on ‘Defendant’s Liability’ may, e.g. note: ‘Show Defendant was responsible for Plaintiff’s injury’. ‘Sole reason was gas explosion’. ‘No other cause’. [4.2] Each of these milestones must point in the right direction, to victory, to show that the Defendant was wholly responsible. Keep it tight, and short. Don’t ramble.   A cross-examination question should not exceed 7 to 12 words; mostly 7. It should mostly produce a ‘Yes’ or a ‘No’ answer – unless you want ‘a designated’ answer [I will demonstrate an example later]. [4.3] Fence your witness in It is called ‘corralling the witness’. If you cannot control the witness, you are lost in the wilderness. [5] Some Don’ts Never ask an ‘open-ended’ question. Never ask, ‘So what do you think of the answer given by Mr. Mark Anthony?’   That is an invitation to places you don’t want to go. [5.1] If you do not know the answer to a question, do not ask it. ‘So how do you think the tank exploded?’ is an invitation to traipse about the woods in total darkness. Contrast that with: – ‘Don’t you think it was all the Defendant’s fault that the Plaintiff was injured?’  … is still dangerously open-ended. [5.2] Thus learn to ‘draw out the truth’ Don’t try to make him look stupid. He would resist with all his might. Where would that leave you? Do not hurry. Know when to slow down.  (And remember, the judge is writing. Speak only when the judge’s pen stops moving). Cajole the witness. Lead the witness, one millimetre at a time.  Then let him step over the cliff. All by himself. [6] Some reading: If you can, read John Hostettler’s  ‘Thomas Erskine and Trial by Jury’. Thomas Erskine was a cross-examiner who could ‘draw ’ what he wanted – out of - any witness. One judge said he could ‘bewitch’ the trial judge and the bring the witness completely under his ‘spell’. You can do it too. It requires some practice; And hours and hours of homework. But it can be done. Why don’t you try it? GRATITUDE: This video would not have been possible without the relentless, unceasing and often sleepless efforts of the Japanese artist, En. Samad Hassan, the sacrificial research and scripting of Miss KN Geetha, Mr JD Prabh Singh and Mr GS Saran. MUSIC Dark Guitar Background D52HLNZ AudioZen Licensee: A Samad Hassan Registered Project Name: GKtv Law License Date: April 5th, 2021 Item License Code: A4652EDRQV #fyp #India #Indiatrending #indianlaw #educationindia #laweducationinida #indianlawstudents #indianstudents #legaleducation #Law #legaleducation #LawExplained #LegalAwareness #Education #CurrentAffairs #Constitution #PublicLaw #SoutheastAsia #ASEAN #AsiaLaw #MalaysiaLaw #SingaporeLaw #IndonesiaLaw #PhilippinesLaw #hongkonglaw#hongkonglaw #bruneilaw #Bangladesh #Brunei #India #malaysia #Maldives #Pakistan #Singapore #SriLanka #CommonwealthAfrica #CommonwealthAsia #CommonwealthCaribbean #Bangladesh #Brunei #India #Malaysia #Maldives #Pakistan #Singapore #SriLanka #Botswana #Cameroon #Eswatini #Gabon #TheGambia #Ghana #Kenya #Lesotho #Malawi #Mauritius #Mozambique #Namibia #Nigeria #Rwanda #Seychelles #SierraLeone #SouthAfrica #Tanzania #Togo #Uganda #Zambia Australasia #AntiguaAndBarbuda #TheBahamas #Barbados #Belize #Canada #Dominica #Grenada #Guyana #Jamaica #SaintKittsAndNevis #SaintLucia #SaintVincentAndTheGrenadines #TrinidadAndTobago #Cyprus #Malta #UnitedKingdom #USlaw #USlegaleducation #USlawstudents #lawtricks #Australia #Fiji #Kiribati #Nauru #NewZealand #PapuaNewGuinea #Samoa #SolomonIslands #Tonga #Tuvalu #Vanuatu