An article offers tips for Using the Internet as a Tool for Cross-Examination, Law Technology News (N.Y.L.J.), March 1, 2011. I've seen a number of articles about using information found in, say, Facebook to impeach a witness. This article goes further in offering two sample series of questions, e.g.,
Q: Can we agree your recovery was a good one?Eventually, the cross-examiner sets the trap and undoes the witness with a YouTube video, perhaps like this one:
A: I wouldn't say that.
Q: You've certainly participated in some challenging activities, haven't you?
A: What do you mean?
Q: Like skiing, true?
A: I tried, but was unable to ski.
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(I have no reason to believe the skier in this video has ever been a plaintiff in a personal injury case or, if so, misled the jury about the extent of his injuries. Looks pretty good, doesn't he?)
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