TRIAL ADVOCACY PRACTICE EXAM 100
QUESTIONS + ANSWERS +RATIONALES
ALREADY GRADED A+
SECTION 1: DIRECT EXAMINATION & OPENING STATEMENTS (Questions 1-25)
1. During Opening Statement, counsel may:
A) Argue the legal significance of the evidence.
B) Comment on the credibility of witnesses.
C) State what the evidence will show.
D) Introduce exhibits into evidence.
Answer: C
Rationale: Opening statement is a roadmap of what the evidence will show. Argument (A),
commenting on credibility (B), and introducing exhibits (D) are improper; those are for closing
argument and the evidentiary phase, respectively.
2. Which question is improper on direct examination?
A) "What did you see next?"
B) "Did you see the defendant strike the victim?"
C) "Why did you decide to run?"
D) "Was the car red or blue?"
Answer: C
Rationale: "Why" questions often call for speculation or narrative. Option C is an open-ended
narrative question. A, B, and D are leading or specific questions allowed on direct (A is non-
leading, B is a leading question generally prohibited on direct but allowed for preliminary
matters, D is a specific choice).
3. The primary purpose of Direct Examination is to:
A) Elicit favorable testimony in a clear, logical manner.
,B) Impeach the adverse witness.
C) Test the witness's memory.
D) Introduce character evidence.
Answer: A
Rationale: Direct examination is the "friendly" examination designed to present the witness's
story to the jury in a coherent and persuasive narrative. Impeachment is for cross, testing
memory is secondary, and character evidence is restricted.
4. A witness is allowed to use a document to refresh their recollection on the stand if:
A) The document is admissible into evidence.
B) The document was written by the witness.
C) The document is shown to opposing counsel.
D) The witness has an independent memory but forgets a detail.
Answer: C
Rationale: Under FRE 612, if a witness uses a writing to refresh memory while testifying,
opposing counsel is entitled to inspect the writing and cross-examine on it. It does not need to
be admissible (A) or written by the witness (B).
5. The "Golden Rule" of Opening Statements is:
A) Never promise evidence you cannot deliver.
B) Never mention the burden of proof.
C) Always use a PowerPoint.
D) Never object to the opponent's opening.
Answer: A
Rationale: The cardinal rule is to only state what the evidence will prove. If counsel fails to
produce promised evidence, the jury can hold it against them, and opposing counsel can
highlight it in closing.
6. Which of the following is a permissible non-leading question on direct?
A) "You went to the store, correct?"
B) "After you entered the store, did you see the defendant?"
C) "The light was red, wasn't it?"
D) "Please explain everything that happened inside."
Answer: B
Rationale: B is a proper non-leading question (did you see...). A and C are leading (suggesting
the answer). D is a narrative question ("explain everything") which is too broad and invites
objection.
, 7. In an opening statement, a defense attorney says, "The evidence will show that the plaintiff
is lying to get money." This is:
A) Permissible as a summary of the evidence.
B) A proper attack on credibility.
C) An improper argument.
D) A statement of fact.
Answer: C
Rationale: This is a direct attack on the plaintiff's character and conclusion on credibility, which
constitutes argument, not a statement of what the evidence will show. Counsel cannot call a
witness a liar in opening.
8. A witness on direct examination testifies in a monotone and seems bored. The best
advocacy technique for counsel is to:
A) Tell the witness to speak up.
B) Move to strike the testimony.
C) Vary the phrasing of questions and use visual aids to engage the witness.
D) End the direct examination immediately.
Answer: C
Rationale: Counsel is responsible for presentation. Engaging the witness with varied, specific
questions and using exhibits can help elicit a more dynamic and persuasive narrative.
9. The "Rule of Sequence" in direct examination suggests:
A) Always ask the hardest questions first.
B) Present events in chronological order.
C) Always end with a weak point.
D) Introduce all documents first.
Answer: B
Rationale: Chronological order is the most natural and persuasive way for a jury to understand
complex events. It helps the witness recall and the jury follow along.
10. When a witness gives a non-responsive answer on direct, counsel should:
A) Object immediately.
B) Ask the judge to strike the answer.
C) Rephrase the question or ask a more specific follow-up to narrow the response.
D) Move for a mistrial.
Answer: C
Rationale: The best strategy is to regain control without alienating the witness or seeming
unfair to the jury. Rephrasing or a specific follow-up usually works best.
QUESTIONS + ANSWERS +RATIONALES
ALREADY GRADED A+
SECTION 1: DIRECT EXAMINATION & OPENING STATEMENTS (Questions 1-25)
1. During Opening Statement, counsel may:
A) Argue the legal significance of the evidence.
B) Comment on the credibility of witnesses.
C) State what the evidence will show.
D) Introduce exhibits into evidence.
Answer: C
Rationale: Opening statement is a roadmap of what the evidence will show. Argument (A),
commenting on credibility (B), and introducing exhibits (D) are improper; those are for closing
argument and the evidentiary phase, respectively.
2. Which question is improper on direct examination?
A) "What did you see next?"
B) "Did you see the defendant strike the victim?"
C) "Why did you decide to run?"
D) "Was the car red or blue?"
Answer: C
Rationale: "Why" questions often call for speculation or narrative. Option C is an open-ended
narrative question. A, B, and D are leading or specific questions allowed on direct (A is non-
leading, B is a leading question generally prohibited on direct but allowed for preliminary
matters, D is a specific choice).
3. The primary purpose of Direct Examination is to:
A) Elicit favorable testimony in a clear, logical manner.
,B) Impeach the adverse witness.
C) Test the witness's memory.
D) Introduce character evidence.
Answer: A
Rationale: Direct examination is the "friendly" examination designed to present the witness's
story to the jury in a coherent and persuasive narrative. Impeachment is for cross, testing
memory is secondary, and character evidence is restricted.
4. A witness is allowed to use a document to refresh their recollection on the stand if:
A) The document is admissible into evidence.
B) The document was written by the witness.
C) The document is shown to opposing counsel.
D) The witness has an independent memory but forgets a detail.
Answer: C
Rationale: Under FRE 612, if a witness uses a writing to refresh memory while testifying,
opposing counsel is entitled to inspect the writing and cross-examine on it. It does not need to
be admissible (A) or written by the witness (B).
5. The "Golden Rule" of Opening Statements is:
A) Never promise evidence you cannot deliver.
B) Never mention the burden of proof.
C) Always use a PowerPoint.
D) Never object to the opponent's opening.
Answer: A
Rationale: The cardinal rule is to only state what the evidence will prove. If counsel fails to
produce promised evidence, the jury can hold it against them, and opposing counsel can
highlight it in closing.
6. Which of the following is a permissible non-leading question on direct?
A) "You went to the store, correct?"
B) "After you entered the store, did you see the defendant?"
C) "The light was red, wasn't it?"
D) "Please explain everything that happened inside."
Answer: B
Rationale: B is a proper non-leading question (did you see...). A and C are leading (suggesting
the answer). D is a narrative question ("explain everything") which is too broad and invites
objection.
, 7. In an opening statement, a defense attorney says, "The evidence will show that the plaintiff
is lying to get money." This is:
A) Permissible as a summary of the evidence.
B) A proper attack on credibility.
C) An improper argument.
D) A statement of fact.
Answer: C
Rationale: This is a direct attack on the plaintiff's character and conclusion on credibility, which
constitutes argument, not a statement of what the evidence will show. Counsel cannot call a
witness a liar in opening.
8. A witness on direct examination testifies in a monotone and seems bored. The best
advocacy technique for counsel is to:
A) Tell the witness to speak up.
B) Move to strike the testimony.
C) Vary the phrasing of questions and use visual aids to engage the witness.
D) End the direct examination immediately.
Answer: C
Rationale: Counsel is responsible for presentation. Engaging the witness with varied, specific
questions and using exhibits can help elicit a more dynamic and persuasive narrative.
9. The "Rule of Sequence" in direct examination suggests:
A) Always ask the hardest questions first.
B) Present events in chronological order.
C) Always end with a weak point.
D) Introduce all documents first.
Answer: B
Rationale: Chronological order is the most natural and persuasive way for a jury to understand
complex events. It helps the witness recall and the jury follow along.
10. When a witness gives a non-responsive answer on direct, counsel should:
A) Object immediately.
B) Ask the judge to strike the answer.
C) Rephrase the question or ask a more specific follow-up to narrow the response.
D) Move for a mistrial.
Answer: C
Rationale: The best strategy is to regain control without alienating the witness or seeming
unfair to the jury. Rephrasing or a specific follow-up usually works best.
