Cross Examination

1. Cross Examination SCFI 2011 SJK

2. Why is CX Important? • Clarification • Concessions • Control

3. Clarification • If you miss something, or you need something explained to you, don’t be afraid to ask about it in CX. If you don’t get it, it’s likely that your judge doesn’t either. • Disclaimer – don’t rely on CX for this. If you can get around this by reading their case instead of asking about it in CX, that’s a good thing! The more time you have to poke holes in the case, the better. • Don’t use CX to ask for taglines, card authors, etc. Ask for the case to see those things. You’re wasting time if you clarify excessively.

4. Concessions • Getting concessions and weakening the position of your opponent is the primary goal of cross examination. • A couple of different strategies • Socratic methodtwo-step trap • Asking them questions to which they could reasonably agree to get them to realize contradictions in their case • Reverse-logic trap • Getting them to wax lyrical about their case in some way that links them to your position • Terror talk, fear of death K, etc.

5. Control • Begin to frame the round and gain control of it • Poke holes in the case to prepare you for rebuttals, where you will rip them open • Ask “yes” or “no” questions – do not let them explain themselves in CX, especially when they make a concession • Move on right away after the concession is made • Don’t give it away, be on the offensive but don’t pull the trigger and make the argument in CX necessarily. Saving it for the rebuttal speeches is very strategic

6. As a Cross-Examiner… • Keep control of your own time – don’t give your opponent an extra three minutes to make their case. • Yes or no questions • As little clarification as possible • Keep driving on one point to get them to make concessions, but don’t give away the strategy • The judge and your opponent should know what argument is coming without you having made the argument

7. As a Cross-Examiner… • Other things to give you the perception of control: • Stand or sit slightly ahead of your opponent, it will make you look like the dominant personality • NO PAUSES. Keep asking questions and keep driving your opponent to concessions until they break under the pressure • Don’t wait after your opponent stops speaking. Stand up and start right away to catch them off guard

8. As a Cross-Examinee… • Don’t be bullied • Seem certain of yourself and strong – if they point out a contradiction or try to get you to make a concession, act like they don’t get the argument, regardless of the validity of the concession they are trying to get you to make. • Try not to look at your case when questions are asked. Knowing a lot about the cases and appearing as though you do is very strategic.

9. As a Cross-Examinee • Don’t let them control CX • When they ask yes or no questions, keep explaining after yes or no if you can. Humans are naturally resistant to interrupting their compatriots and if you keep talking, you are controlling CX • If they pause, keep talking about the previous question instead of just sitting there waiting for them to continue • Don’t get defensive – make themthe defensive ones by controlling the perception of CX