Opinions
Lay witness: I think the Defendant was in a crazed state of mind.
Objection?
Yes, inadmissible lay opinion testimony.
Attorney (on direct): You've met my client 6 times?
Leading
Name a non-evidentiary objection.
Communication between team member and teacher, mounting or altering exhibit,
Billy was told his doctor that he had pain in his right knee five days prior to the car accident at issue in a lawsuit. His sister was at the doctor's appointment and overheard Billy talk to his doctor about his knee pain. The insurance company's lawyer calls Billy's sister to the stand to testify and asks her to state what Billy said to his doctor. Is this evidence admissible? Why or why not?
Admissible. Medical diagnosis or treatment exception.
Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered into evidence to prove ___ _____ __ ___ ______ ________.
the truth of the matter asserted.
What are 3 of the 5 categories that a lawyer can use to qualify an expert witness?
Specialized knowledge, skill, experience, training, and education.
Witness: A man with a glorious ponytail came in and bought a newspaper with his credit card.
Attorney: Why did the man use his credit card instead of paying with cash?
Speculation
Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair ___________, of confusion of the issues, or of misleading the jury.
prejudice
Witness: Billy yelled "That tree is falling down!"
Assuming this statement is relevant, is it admissible?
Yes. Excited utterance and/or present sense impression.
In the context of hearsay, a statement is: an oral or written assertion, or non-verbal conduct of a person if it is intended as an __________.
asssertion
A lay witness can always give opinion testimony as long as it is based on her own perceptions.
True or False
False. The testimony must also be helpful to a clearer understanding of their testimony or the determination of a fact at issue.
Attorney: Was Fred good at his job and well liked by his co-workers?
Compound
True or false, irrelevant evidence is always inadmissible.
True
Yes. Records of regularly conducted activity.
James is on trial for robbery. James allegedly perpetrated the robbery with his friend Jill. The prosecution plans to call Jill's mother to testify that Jill confessed to committing the robbery with James to her the day after it occurred. Will this testimony be admissible.
No. The testimony is hearsay without an exception. To qualify as non-hearsay as a statement of a co-conspirator, the statement must be made by the co-conspirator during and in furtherance of the conspiracy.
A lay witness can always give opinion testimony about another witnesses truthfulness, as long as it comes from their personal perceptions.
False. They can always give testimony about reputation for untruthfulness, but bolstering testimony (reputation for truthfulness) is only admissible after credibility is attacked.
Attorney: Are you a tennis player?
Witness: Yes.
Attorney: What percentage of a tennis ball is made of rubber?
Lack of foundation
Attorney (on cross): John is addicted to heroin, correct? (assuming John's drug use is not at issue in the case)
Objection?
Yes. Irrelevant, improper character testimony.
If the defendant's brother is still alive and otherwise available to testify, is this testimony admissible.
Not Admissible. The statement under belief of impending death requires the declarant to be dead or unavailable at the time of the testimony.
A ___________ is a person who makes a statement.
Declarant
Expert opinion testimony must be based on scientific, ___________, or other specialized information.
Technical
Attorney: In what year did you meet Bozo?
Witness: We’ve known each other since we were students at clown school. A lot of people don’t know that Bozo was quite the ladies’ man . . . anyway, when he got back from his second tour in Afghanistan, after his divorce, I . . .
Non-responsive
If a witness directly contradicts his statement, what should the opposing attorney do? Object?
Impeach
Witness: "Dr. Wood told me that Rick told him that the defendant ran the red light, just as the truck barreled into the car." Rick witnessed the defendant run the red light and hit the car, and Dr. Wood is Rick's personal physician.
Admissible?
Victor testifies that he has never been to Cleveland. In his deposition, he states that he stayed three nights in a hotel in Cleveland last winter. Can the opposing attorney introduce his deposition testimony into evidence.