Form
On Direct, Attorney: You don't like mustard?
Witness: No, it tastes so gross.
Leading
Someone is on trial for a hit and run.
Attorney: What is your favorite car?
Defendant: Obviously I'm a Chevy Equinox kind of guy.
Relevance
Attorney: Do you think Reese flew dangerously on July 4th, 2021?
Ari: Yes of course, he was obviously scud running.
Improper lay opinion
Lack of personal knowledge
A man is on trial for murder.
Attorney: When did you go to the police about what you saw?
Eyewitness: I heard on the news that there was a stabbing death and they didn't have any suspects so I knew that I had to go tell them about the man with the knife.
Hearsay
Not used for truth of matter - subsequent action.
She came to me yelling about how her kid must've gotten taken because he is not where she told him to wait for her while she went to the restroom.
Excited Utterance/Present sense impression
Compound
What is the phrase you should ALWAYS be saying when arguing against speculation?
Exhibit 2 (Mayday call)
Hearsay.
Party admission
Imminent death
Excited utterance
A civil case of song copyright.
Attorney: Has the defendant heard your song?
Plaintiff: Obviously he has heard my song. I mean it was top 10 for like six months. I'm pretty sure everyone has heard my song by now.
Speculation
Lack of personal knowledge
My mom told me that her knees have been aching whenever she goes up and down the stairs.
Statement made for a medical diagnosis or treatment.
On direct, Attorney: You go to this beach often?
Leading
A murder case.
Attorney: What caused his death?
Police officer: It was obvious from the second I walked on the scene that he had died from the hit on his head. The stabs were definitely from after he was already dead.
Improper lay opinion
Attorney: How did Reese react when he drew the death card?
Shannon: He was terrified. He obviously was afraid of death, but I told him that it can mean more than a physical death. Like an emotional or spiritual death.
Speculation
Hearsay
Relevance?
A high school student is charged with underage possession of alcohol.
Attorney on cross: You're a part of your school's defund the police club, correct?
More prejudicial than probative.
He told me that he wanted to make it spicy, but I didn't think it would be this spicy!
Then existing mental, emotional, or physical condition
Attorney: Tell us about your experiences.
Calls for narrative
(Exhibit 18a - Petrillo v Martini)
Hearsay
Casey Direct
Attorney: What was Reese like?Casey: He was truly an amazing man. He loved flying more than anyone I know. He was truly dedicated to his work.
Improper character evidence
When CAN you use character evidence?
For truthfulness
(Exhibit that Anna needs to pull up - exhibit 25 State v Ryder)
Record of regularly conducted business
Attorney: What did you tell that nasty scumbag Kyle?
Argumentative
A teacher on trial for hitting a child at work.
Attorney: Did Mrs. McDonald have a history of hitting children?
Principal: Yes, it has been a consistent issue that we have dealt with with her.
Improper Character Evidence
Exhibit 13. How do you lay the foundation for it being a record of regularly conducted business?
Could be argued many ways, but generally laying foundation that Aubrey always makes these for her students, they are a part of training and obtaining their license as well as tracking training for the company etc.
What questions do you use to properly enter an expert?
Educational background/experiences?
What facts were you provided?
Were they sufficient?
What methods?
Are those the standard methods you use?
Reliably applied those methods?
Declarant unavailable - imminent death
Present sense impression
Not and exception, but not used for truth of the matter asserted, instead used for effect on the listener.