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CROSS EXAMINATION

WHAT IS CROSS EXAMINATION?

the formal interrogation of a witness called by the other party in a court of


law to challenge or extend testimony already given

WHAT ARE THE PURPOSES OF CROSS-EXAMINATION?

To discredit the testimony earlier given by the witness


To elicit admissions

IS CROSS-EXAMINATION A RIGHT OF A PARTY TO A CASE?

Yes. Especially in criminal cases where the accused has a right to confront
the witnesses against him. But like any right in it can be waived.

TOP 7 BEST CROSS EXAMINATION IN MOVIES

7. LEGALLY BLONDE
Lawyer: Ele Woods (Reese Witherspoon)

Background: Ele Woods is a “blonde” law student allowed to


appear in court. The case is about a person who was murdered.
Woods’ client is the suspected murderer. The star witness is the
daughter who said she saw Ele Resse’s client shoot the father.

--- SHOW CLIP

Takeaway: A good cross-examination does not only involve good


knowledge of the law. Knowledge of matters outside the law can be
useful. it does not hurt to have knowledge on matters outside the
law. You never know when “useless trivia” may be of use.

6. THE DARK KNIGHT


Lawyer: Harvey Dent
Background: Harvey Dent is the district attorney. His witness is a
snitch who promised to tell the court that Falconi is the head of the
crime mob.

--- SHOW CLIP

Takeaway: You can subject your own witness to cross-examination if


he is qualified as a hostile witness.

WHAT IS A HOSTILE WITNESS?

A witness who you called to the witness stand but does not wish to
cooperate or shows favor to the adverse party.
But be very careful of hostile witnesses.

5. A TIME TO KILL
Lawyer: Rufus Buckley (Kevin Spacey)

Background: The witness Carl Lee Halley (Samuel L. Jackson),


killed 2 men who raped his daughter. His defense was insanity. The
goal of the cross-examination was to prove that Halley knew what he
was doing when he killed those men.

--- SHOW CLIP

Takeaway: Establishing ill motive. In cross-examination, you can


prove that a witness is biased or that he has ill motive.

Insanity plea: Not effective in the Philippines because there is no


such thing as temporary insanity in our jurisprudence.

BONUS CLIP: CLOSING STATEMENT


Lawyer: Jack Brigance (Matthey McConauhey)

--- SHOW CLIP

There are no closing statements in the Philippines.

4. MY COUSIN VINNY
Lawyer: Vinny Gambini (Joe Pesci)
Background: Vinny’s cousin and his friend were accused of
robbing a grocery store and killing the clerk. The witness is an
eyewitness who said he saw the two accused going in and coming
out of the grocery store.

--- SHOW CLIP

Takeaway: Pounding on a point. If you have a point, make it clear


and even exaggerated.
Give special attention to time, distance, and other laws of
physics to determine whether the testimony is plausible.

BONUS CLIP: HOW NOT TO DO A CROSS EXAMINATION

--- SHOW CLIP

3. LIAR LIAR
Lawyer: Flethcer Reed (Jim Carrey)

Background: It’s a divorce case. In their pre-nuptial agreement,


it states that if the wife is disloyal and committed infidelity, she gets
nothing. Thus, Fletcher Reed has to prove that his client is loyal and
had no affair whatsoever. Problem: he can’t lie.

--- SHOW CLIP


This is not even a cross examination. It’s a direct examination
because it’s his witness. And it’s a really bad one because the
witness stated everything he did not want him to say. Why is it here,
IT’S THE FUNNIEST COURT SCENE EVER!

2. DEVIL’S ADVOCATE
Lawyer: Kevin Lomax (Keanu Reeves)

Background: Lomax’s client is accused of rape. The witness is


the girl who said she was raped.

--- SHOW CLIP


Takeaway: Another purpose of cross-examination is how to discredit
a witness. This is a classic case of how to discredit a witness

1. A FEW GOOD MEN


Lawyer Danny Kaffee

Background: Kaffee’s clients were accused of murdering a


weakling cadet. It was established that they were imposing a military
method called a “code red”, which is beat up a weak cadet to make
him strong. They knew who is the mastermind who ordered the code
red but they can’t prove it.

--- SHOW CLIP

Takeaway: Another purpose of cross-examination is to elicit


admissions. This is how you do it.

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