General Legal Procedures
What the exam tests
You are not expected to practice law, but you must recognize the stages and vocabulary of a proceeding so you can label and structure a transcript correctly. Know the arc of a civil or criminal matter: pleadings and filing, discovery (including depositions and interrogatories), pre-trial motions, trial (opening statements, direct and cross-examination, redirect, closing arguments, jury instructions, verdict), and post-trial or appeal.
Concepts to know
- Participants and roles: judge, jury, clerk, bailiff, plaintiff/prosecution, defendant, counsel (with designations like "Counsel for Plaintiff"), witnesses (fact, expert), and the court reporter/transcriber.
- Examination structure: direct examination by the calling party, cross-examination by the opposing party, redirect, and recross; objections and rulings; motions in limine; voir dire (of jurors or of an expert's qualifications).
- Sworn proceedings: oaths and affirmations, stipulations, and offers of proof. A deposition typically includes a stipulation, the oath, examination, and a signature/errata process.
- On vs. off the record: sidebar conferences, recesses, and chambers discussions may be excluded; the transcript should reflect what the record contains.
Traps
Watch for terminology swaps: direct vs. cross, deposition vs. trial testimony, objection sustained (question barred) vs. overruled (answer stands). Another common trap is assuming everything said in the room belongs in the transcript - off-record discussions may not. Questions may also test who administers the oath and who may object.
Rule of thumb
Identify who is speaking, in what role, and at what stage - that triad usually resolves the question.