The better response is to let the attorney continue to look like a bully and you keep your tone respectful while you disagree. Resist the temptation to be combative and use a tone that is argumentative. The judge probably already knows that attorney and his or her regular behavior, but he doesn’t know you.
An attorney can provide you legal assistance in investigating or filing a legal claim for school bullying, and can also help you determine which parties may be held liable. Finally, an attorney will be able to advise you regarding your legal rights and best course of action, as well as represent you in court as needed.
Speak Clearly. Present your testimony clearly, slowly, and loud enough so that the juror farthest away can easily hear and understand everything you say. Avoid distracting mannerisms such as chewing gum while testifying. Although you are responding to the questions of a lawyer, remember that the questions are really for the jury’s benefit.
When you are called to testify, you will first be required to take an oath or affirmation to tell the truth. When you take the oath or affirmation, say "I do" clearly. When you are asked questions, every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side.
How to Prepare for the Inevitable Bully Encounter. If you are a junior lawyer, there are a few things you can do to prepare for your first encounter with a bully. Accept that it will happen — it’s inevitable. This will at least allow you to be prepared. When you deal with a bully, maintain your composure and professionalism, and don’t take the bait.
Assume every word you speak or write will find its way into the court record. Protect your client, and yourself, at all times. Again, be courteous, but leave it up to your adversary to figure out the manner in which he or she should proceed. It’s no fun to see your name in a pleading filed by an adverse party.
Tell the truth. This is the single most important advice any witness should remember. When you are called to testify, you will first be required to take an oath or affirmation to tell the truth. When you take the oath or affirmation, say "I do" clearly. When you are asked questions, ...
Avoid distracting mannerisms while testifying. Avoid chewing gum, candy, or other objects that may make you difficult to understand . Present your testimony clearly, slowly, and loud enough so that the juror seated farthest away from you can easily hear and understand everything you say.
Jurors are ordinary people, just like you. Although you are responding to the questions of a lawyer, remember that the questions and answers are really for the jury's benefit. Jurors are the ones who decide the facts of the case. Always speak clearly and loudly, so that every juror can hear you.
In addition, sometimes an attorney may raise an objection to the question being asked. "Objection" is a legal term that means one of the attorneys feels you are being asked an improper kind of question.
Answer the questions verbally. Do not nod your head for a "yes" or "no" answer. Speak out loud, so that the court reporter can hear the answer. For the same reason, try to avoid words like "yah," "nope," and "uh-huh.". Answer only the questions asked.
When you are called into court for any reason, be serious and avoid saying anything about the case until you are actually on the witness stand. Also, do not read in the courtroom, unless asked to do so by the judge or the attorneys. Do not exaggerate or guess.
When you hear a lawyer say "objection," simply stop speaking and wait for the judge to rule on the objection. If the judge decides the question is proper, he or she will overrule the objection. If the judge decides the question is not proper, he or she will sustain the objection.
Be A Responsible Witness. When you are called into court for any reason, be serious, avoid laughing, and avoid saying anything about the case until you are actually on the witness stand.
A witness who is angry may exaggerate or appear to be less than objective, or emotionally unstable. Keep your temper. Always be courteous, even if the attorney questioning you appears discourteous. Don’t appear to be a “wise guy” or you will lose the respect of the judge and jury.
If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, “May I correct something I said earlier?” Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.
Unless certain, don’t say “That’s all of the conversation” or “Nothing else happened”. Instead say, “That’s all I recall,” or “That’s all I remember happening”. It may be that after more thought or another question, you will remember something important.
Most important of all, you are sworn to TELL THE TRUTH. Tell it. Every true fact should be readily admitted. Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory.
When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case.
Jurors who are or will be sitting on the case in which you are a witness may be present in the same public areas where you will be. For that reason, you MUST NOT discuss the case with anyone. Remember too, that jurors may have an opportunity to observe how you act outside of the courtroom.
Particularly when being cross examined by an opposing attorney, don't volunteer information that was not asked! This will only assist the opposition in obtaining additional facts to bury your case or that of your ally. If the answer to a loaded question on cross examination is "yes" and you feel compelled to volunteer an explanation which will minimize an unfavorable appearance, remember that your attorney may question you again to permit the opportunity for such an explanation. By trying to "sneak" the explanation into your testimony on cross examination, you will look very defensive on the witness stand and harm your own credibility.
When testifying in court, consider these "Ten Tips for Trial Testimony": 1. Be truthful. This common sense advice remains the very best recommendation for any witness taking the stand. When testifying, do not try to "argue" your point, dodge questions to avoid problem areas, or place any type of "spin" on your version of the facts.
A very common problem in testifying, many witnesses are so anxious to cooperate and to provide quick answers that they don't wait until the entire question is asked. As a result, they often answer a different question than the lawyer intended and disrupt the flow and effectiveness of the questioning.
Witnesses who display an "attitude" on the stand are letting their emotions interfere with their own testimony. On the witness stand, keep your emotions in check! Those who fight with opposing counsel rarely win in the long run.
Don't try to make sense out of the question yourself. If you don't understand a question, ask that it kindly be repeated or rephrased.
Witnesses are not "human computers." Many of us have difficulty remembering what we had for dinner last night, to say nothing of events which may have occurred months or years earlier. If you don't know or remember particular facts, do not give your best guess as to the answer. In the hands of a skilled advocate on the other side, guesswork can provide just the tool needed to destroy a witness' credibility and leave him limping off of the witness stand
Be Cooperative, But Don't Be Forced into an Inaccurate Answer. Even when dealing with opposing attorneys, witnesses should be cooperative in answering questions and should not show antagonism on the stand. However, witnesses who are too cooperative and give the questioner what she wants to hear may kill their case.
If you are involved in a school bullying lawsuit, you should consult with a local government lawyer immediately. An experienced and local government attorney will be best suited to understanding your state’s specific school and cyberbullying laws.
The bullying student; The bullying child’s parents, especially if the parents approved or encouraged the abusive conduct; and/or. The school itself, or school staff or officials, especially if they knew about the bullying but did nothing to stop or prevent it. Generally speaking, it is the bullying student ...
Laws against bullying in schools may prescribe legal consequences for bullying, either criminal or civil. Criminal consequences can include fines, as well as possible time in a juvenile facility for especially serious cases. Bullying commonly involves violations of criminal laws, such as theft or assault, which would lead to criminal consequences .
Some common examples of cyberbullying actions are: Spreading rumors or lies; Posting or sharing disturbing, inappropriate, or offensive pictures of someone else without their consent;
In order for a school to be held responsible for a student’s injuries, the injured student must prove that it was the school’s failure to exercise reasonable care that caused the injury. In cases involving school bullying specifically, the bullied student must prove that it was the school’s failure to intervene and stop the bullying ...
This is because if a student is injured on school property, one of the most important factors which determines the possibility and amount of recovery is whether the school is public or private.
School bullying laws are similar to workplace bullying laws. All fifty states maintain some sort of anti-bullying statute, which can greatly differ from state to state.
For that reason, you must always stick to the truth. Sincerity and straightforwardness should be the touchstone of your testimony. Honesty, simplicity and sincerity go a long way with the Court. Evading questions or telling fantastical stories will only hurt you.
Once you have listened to the question, answer only that question and do not offer any additional information. Never answer a question by asking a question. Do not be evasive with your answers. It is the attorney’s job to present the evidence and/or defend against the evidence.
Witnesses often identify documents that they have never seen, because they didn’t read through the document in question before stating that they are familiar with the document. Understand that if you have not seen the particular document with which you are presented, you need to say so very clearly.
Make sure you fully understand each question before you attempt to answer. If you do not understand the question, do not hesitate to ask the attorney to repeat or rephrase the question . Never answer a question that you do not understand. Do not be embarrassed or afraid to ask that a question be repeated or rephrased.
If you have not worn a suit since your cousin’s wedding three years ago, then wear slacks and a Polo shirt. Do not wear shorts, flip-flops, jeans or tee shirts.
The purpose of a trial is to reach the truth. A guess, even if it is an educated guess, is not the truth. Therefore, do not guess your answer, unless you are asked to give an opinion. It is perfectly acceptable to answer “I don’t know” or “I don’t recall.”
Do not be embarrassed or afraid to ask that a question be repeated or rephrased. It is possible that an attorney may attempt to make an issue out of a witness’ inability to understand a question, for example, asking the court reporter to read back the question rather than simply repeating it.
The better response is to let the attorney continue to look like a bully and you keep your tone respectful while you disagree. Resist the temptation to be combative and use a tone that is argumentative.
Or ‘to be honest with you.’. Or ‘frankly.’. Or any other like statement. You are expected to tell the truth, be honest, and be frank. To start a sentence out by announcing you intend to do so makes one wonder about your other other statements. 2. “My children.”.