something heard from another person or something that you have been told
Hearsay
Alex Swan, you joined the fangtastics for popularity, didn’t you?
leading question
In a case about missing apples, a witness testifies,
“A neighbor told me that Kim was hanging around the apple tree.”
The opposing lawyer objects that the statement is __. The witness did not actually see Kim near the apple tree.
hearsay
Example: “ I know Mr. Swan personally and can say that he often talks about how he despises Mr. Cullen.”
First hand knowledge
"The boy felt rejected. That's why he is accusing me."
What is Opinion/speculation
Example: (In a traffic accident case) "Ms. Jim, how many times have you been married?"
Relevancy
In a trial over stolen baseball caps, a lawyer asks a witness about her favorite kind of pizza. The opposing lawyer objects that the ___
Relevance
When can the defense team state their opening statements
(Said by a witness who is not an archaeologist): “I knew it wasn’t the real fossil. Danny stole it.”
opinion
A statement made outside of the courtroom is considered what?
What is hearsay?
In civil law cases, the ___requires the plaintiff to convince the trier of fact (whether judge or jury) of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action, in order to recover.
Burden of Proof
Example: (said by Mr. Cullen) Ms. Skinner did not know how to take a joke, therefore I was punished.
Objection: "Objection, Your Honor, ___
Objection: "Objection, Your Honor, the witness is giving an opinion."
Example: Ms. Jim, you went to the grocery store on May 20th, right?
Objection: Objection, Your Honor, the counsel asked a leading question.
Possible Rephrase:
Did you go to the grocery store on May 20th, Ms. Jim.
Can you raise a hearsay objection to an evidence document?
What is NO.
Objection, Your Honor, JarJar always drives under 70 miles per hour, so driving at 98 miles per hour indicates that JarJar was drunk.
Objection, Your Honor, Luke has the tradition to juggle lightsabers at 10 pm every Wednesday.
first hand knowledge
_____is the traditional standard of proof that must be exceeded to secure a guilty verdict in a criminal case in a court of law
Reasonable doubt
The objection made when a witness theorizes as to was possibly could have happened
What is speculation?
"I believe that Mr. Smith was negligent in driving too fast."
Objection: "Your Honor, the witness is giving an opinion on the ultimate issue - the negligence of Mr. Smith."
Possible rephrasing:
I believe Mr. Smith was driving at 50 miles/hour
“Did the ticket taker tell you what his name is?” Witness: “He told me his name is Robert. I don’t think he was telling the truth.”
Opinion