Hearsay
Identify the applicable hearsay exception: “When Anna told me that the case release party would be at Stella’s house, I was so excited!”
Effect on the listener
Name that objection: “But Ms. Leuzzi, you didn’t invite Mari to your birthday party and you told Saanvi that she wasn’t invited either, isn’t that right?”
Compound Question
Name that objection: Minya testifies that “Calliope was so mad that Christine stole her favorite glitter glue.”
Speculation
Hearsay
801
What kind of animal gave Bo the parasite?
a fox
Name that hearsay exception: Natalia hit Stella with her car, and Hannah yelled, “Oh my god!”
Excited Utterance
How are form objections different from substantive objections?
Substantive objections have to do with the testimony that is being presented, vs. form objections have to do with how/in what manner that testimony is being presented.
Name that objection: Kiran testifies that when he walked in on the crime scene, he “was appalled by the grotesque brutality.” He tells the jury that “there was blood all over the floor and the walls and that even Sammy’s pet rabbit hadn’t escaped the killer.”
Substantially more prejudicial than probative
Substantially More Prejudicial Than Probative
403
What side is Kit Carson, Bo’s best friend, testifying on?
The defense
What is the exact definition of hearsay (legal terminology required)
Hearsay is an out-of-court statement used for the truth of the matter asserted.
When an attorney repeatedly cuts off your witness on cross, you should object to…
Badgering
What is the difference between Lack of Personal Knowledge and Speculation?
Lack of personal knowledge is when a witness testifies to something (think a fact, event, etc.) that they didn’t personally experience or wouldn’t otherwise have the personal knowledge to know about.
Speculation is specifically when a witness testifies to another witness’s state of mind.
Improper Character Evidence
202
What is the name of the YouTube channel that promoted the raw food diet?
Name the applicable hearsay exception: “Natalia told me that after eating those waffles at lunch on Thursday, she felt nauseous.”
Then the existing mental, emotional, or physical condition
What kind of form objection only exists on direct?
Leading Question
If you are objected to for relevance, how should you begin your response?
“Yes, your honor, first I’d like to remind the court that the bar for relevance is extremely low…”
Present Sense Impression
803(1)
Why couldn’t the hospital receive Bo’s medical records?
Dr. Colten’s family practice was using a beta platform that lacked interoperability.
Name three examples of things that are commonly misconstrued as hearsay but that are NOT actually hearsay.
Photographs, questions, commands, passwords, etc.
If Christian and Izzy are witnesses, what does an attorney need to do before asking Christian how he met Izzy? (And what objection dictates this requirement?)
Establish that Christian met/knows Izzy in the first place. The specific objection is “assumes facts not in evidence.”
Name that objection: Mari, an expert in chicken habitats, testifies that “Sammy’s rabbit should have been kept in an enclosure with partial sunlight and fresh air.”
Improper Opinion
Statement by Party Opponent
801(d)(2)
Why did Bo not want to tell the doctors that she had killed and eaten a fox?
She had a previous charge for a DUI and was worried that illegally killing the fox would put her back in front of the judge.