CROSS EXAMINATION THEORY

ABOUT THIS COURSE

J.Wigmore described cross examination as the “greatest legal engine ever invented for the discovery of truth. The objects sought to be achieved by cross-examination are to impeach the accuracy, credibility and general value of the evidence given in chief; to sift the facts already stated by the witness, to detect and expose discrepancies or to elicit suppressed facts which will support the case of the cross-examining party.”

Unfortunately, many representatives do not cross-examine witnesses well and forget that the purpose of cross-examination is not simply to attack an adversary, but to also strengthen your own case.Often described as an art cross examination is a teachable skill, through applying techniques, rules and understanding the objectives.

The skilled cross-examiner is often able to build their case by using the witness as a vessel of agreement to the examiner’s case theory.In this course we utilise a structured approach to preparing good cross examination by establishing the purpose, the objectives and then analysing the way to reach that goal.

It explores the various approaches to specific lines of questioning and incorporates many practical examples.

COURSE OUTLINE

• Name the sources of evidence
• Distinguish between admissible and inadmissible evidence
• Explain relevance of evidence
• Discuss unfairly prejudicial evidence
• Construct a case theory
• Distinguish between concessions and credibility
• Analyze the strengths and weaknesses in a case theory
• Recognize cross examination opportunities in a witness testimony
• Extract facts from witness statements
• Translate closing arguments into questions
• Plan a cross examination strategy
• Apply the rules of cross-examination to the questions
• Prepare cross-examination questions

WHO SHOULD ATTEND?

Team members who are involved in investigations and preliminary stages can benefit from understanding cross examination techniques as much as those who participate in the disciplinary processes.

Cross examination is a critical skill in the disciplinary processes. Chairpersons, initiators and representatives must grasp this skill to place themselves in the best position to represent their party. In a similar fashion chairpersons should have a thorough understanding of the credibility aspects of a witness testimony, often highlighted in cross -examination. Many have benefited from this course as it is fundamental to determining the weight of evidence which in turn is the major factor in a guilty or not guilty finding.

• Heads of Department and even executives have also benefited
• Investigators
• Initiators
• Employee representatives
• Chairpersons
• Legal Advisors and IR
• HR Managers

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