OBJECTION 1
Used when evidence is being used to affect the impartiality of a judge or to create bias in the judge, usually through provoking an emotional reaction.
What is "More Prejudicial than Probative"?
A witness is asked a question that has previously been answered.
What is Asked and Answered?
The objection is based on the notion that witnesses cannot answer questions properly if they do not understand the questions.
What is " Vague and Ambiguous Question"?
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 is "Objection, your Honor. Lack of foundation."
A statement that describes or explains an event perceived by the declarant, made during or shortly after a startling event, while the declarant is still under the stress of excitement caused by the event.
What is "Excited Utterance"?
Writings made as a record of an act or event by a business or governmental agency
What is "Business Records"?
What is "records made in the regular course of business"?
Evidence of a person’s personal traits or personality tendencies (e.g., honest, violent, greedy, dependable, etc.).
What is Character Evidence?
This objection is used when a question calls for an answer that does not have the tendency to make a fact important to the case more or less probable than the fact would be without the evidence
What is Relevance?
An attorney harasses, becomes accusatory toward, or unnecessarily interrupts or comments on the witness's answer.
What is "Badgering the Witness"?
The attorney asks: “Did you see the defendant’s car in the driveway last night?” The witness answers, “Well, when I got home from work, I hurried inside to make dinner. Then I decided to watch TV, and then I went to bed.”
What is "Non-Responsive" Witness?
A criminal defendant is charged with embezzling money from his employer. At trial, the prosecutor elicits testimony that, several years earlier, the defendant suffered an animal cruelty conviction for harming a family pet.
What is "Objection your Honor,
The probative value of this evidence is substantially outweighed by the danger of undue prejudice (or confusing the issues or misleading the trier of fact).”
MORE PREJUDICIAL THAN PROBATIVE
A statement which, when made, was contrary to the declarant’s own economic interest, or subjected the declarant to the risk of civil or criminal liability or created a risk of making the declarant an object of hatred, ridicule, or social disgrace in the community. A reasonable person in the declarant’s position would not have made the statement unless the person believed it to be true.
What is "Declaration Against Interest"?
A prior statement made by the witness that does not line up with their trial testimony.
What is "Prior Inconsistent Statement?"
During direct examination, the prosecutor asks the witness, “During the conversation on March 8, didn’t the defendant make a threatening gesture?”
What, if anything, did the defendant do during your conversation on March 8?
This objection applies if a witness creates a material fact not included in their official record.
What is Unfair Extrapolation?
The attorney asks A, “Please describe all the conversations you had with X before X started the job.”
What is "Narrative"?
(Objection, your Honor. Counsel's question calls for a narrative.)
Redirect examination is limited to issues raised by the opposing attorney on cross-examination. If an attorney asks questions beyond the issues raised on cross-examination, opposing counsel may object to them with this objection.
What is "Outside the Scope of Cross Examination"?
The defendant is charged with assault. The prosecutor calls the owner of the defendant’s apartment to testify in the prosecution’s case-in-chief. She testifies that the defendant often paid his rent late and was very unreliable.
What is "Objection your honor, inadmissible character evidence."
A statement that shows the declarant’s then-existing state of mind, emotion, or physical condition (including a statement of intent, plan, motive, mental state, pain, or bodily health).
What is "State of Mind"?
A statement made by a dying person about the cause and circumstances of his or her death, if the statement was made on that person’s personal knowledge and under a sense of immediately impending death.
What is 'Dying Declaration"?
The attorney asks, “Did you see the defendant’s car in the driveway last night?” The witness answers, “Well, when I got home from work, I hurried inside to make dinner. Then I decided to watch TV, and then I went to bed.”
What is Non-Responsive?
Form of Objection: “Objection, your honor. The witness is being non-responsive.”
Used when a witness is asked a question about their personal knowledge or observations, without first showing that the witness was in position to make such observations.
What is "Laying a Proper Foundation"?
What is "Lack of Foundation?
"Foundation"
A question joins two alternatives with “and” or “or,” preventing the interrogation of a witness from being as rapid, distinct, or effective for finding the truth as is reasonably possible.
What is "Compound Question"?
Objection your Honor, on the ground that this is a compound question.
A lay witness testifies that the defendant appeared to have a BAC level above the legal limit.
What is: "Objection, your honor. Improper lay witness opinion."?
From around a corner, the witness heard a commotion. The witness immediately walked toward the sound of the commotion, found the victim at the foot of the stairs, and saw the defendant at the top of the landing, smirking. The witness then testifies that the defendant pushed the victim down the stairs.
What is "Objection your honor, Speculation."?
What is lack of personal knowledge?
A statement that describes or explains an event perceived by the declarant, made during or shortly after a startling event, while the declarant is still under the stress of excitement caused by the event.
What i?s "Excited Utterance"
A statement made to a doctor describing medical history, past or present symptoms, pain, or sensations.
What is "statements for the purpose of medical diagnosis or treatment"?
Redirect examination is limited to issues raised by the opposing attorney on cross-examination. If an attorney asks questions beyond the issues raised on cross-examination, opposing counsel may object to them.
What is "Outside the Scope of Cross-Examination"?
Form of Objection: “Objection, your honor. Counsel is asking the witness about matters beyond the scope of cross-examination.”
Used when evidence of a statement made by someone other than by a witness while testifying at trial, and that is offered to prove the truth of the matter asserted
What is Hearsay?
A question that suggests the answer desired.
Example: during direct examination, the prosecutor asks the witness, “During the conversation on March 8, didn’t the defendant make a threatening gesture?”
What is "Leading Question"?
Joe is being tried for murdering Henry. The witness testifies, “Ellen told me that Joe killed Henry.”
What is
OBJECTION, HEARSAY
A defense expert witness testifies about using fluorescent light when collecting fingerprints, which is described in her witness statement. On cross-examination, the prosecutor asks, “Did you also use a superglue processing technique to collect fingerprints?” While a superglue processing technique is an actual way to collect fingerprints, the procedure was not mentioned anywhere in the case materials.
What is "Objection your Honor, the question calls for unfair extrapolation."
What is UNFAIR EXTRAPOLATION?
A statement offered against a party, that the party, with knowledge of the content of that statement, has by words or other conduct adopted as true.
What is "ADOPTIVE ADMISSION"?
Statements made by the declarant while participating in a conspiracy to commit a crime or civil wrong.
What is "Co-Conspirator's Statement"?
Any statement by a party in an action when it is offered against that party by an opposing party.
What is "Admission by a Party Opponent"?