Rules of Evidence/Objections
A question that assumes an answer or leads the witness to answer in a prescribed way.
Leading Question
In a case about a stolen car, a lawyer asks a witness about his/ her favorite restaurant. An attorney objects and says
Relevence
When should an attorney object? (3 correct answers)
- Attorney questioning witness
- Witness giving answer
- Attorney admitting evidence
The exceptions to the hearsay rule are...
What is admission against interest, state of mind, business records, and excited utterance?
True or False: When cross-examining witnesses, you may ask questions related to matters that did NOT come up in direct examination
False
The rule that prevents one from asking cross-questions related to matters that did not come up in direct examination
Scope of Witness Examination
Testimony that does NOT help the judge decide the facts of the case is objectionable under what rule?
What is relevancy?
A prosecution attorney calls a witness to the stand and begins questioning with “Did you see the defendant leave the scene of the crime?”
What objection should be used here?
Lack of foundation
Attorney: "You killed your wife!"
Agrumentative
(Witness talking): "The doctor put my cast on wrong and that's why I have a limp"
Opinion
The objection made when the witness is wandering or allowed to tell an entire story
What is narration?
In a case about murder, the prosecuting attorney asks the defendant, "So this was not the first time you have been arrested?"
Prejudicial
Crossing attorney: You said this man was selling homemade pastries?
Defendant: Yes
Crossing attorney: He sold pastries?
Defendant: yes homemade
Crossing attorney: So he was a pastry salesman?
Asked and Answered
What are the three reasons for impeaching a witness?
Discredit the witness
Show motives for lying
Show inconsistency in testimony
A statement made outside of the courtroom is considered what?
Hearsay
The objection made when a witness theorizes as to what possibly could have happened
What is speculation?