Objection your Honor!
A witness testifies by saying, "Oh yeah, Mr. Smith told me that the whistleblower was fired..."
What is...
OBJECTION--Hearsay
What is...
1) Declarant witnesses prior statement
2) Opposing Party's Statements
Before an expert can give testimony, what must the attorney do to show they have the qualifications to make these claims?
What is...
Lay foundation for witnesses expertise
Rule 701(a)
Plaintiff/Prosecution
What objection should be raised when a witness says, "oh I'm sure that she thought the test was stupid..."
What is...
OBJECTION--Speculation!
What hearsay exception is applicable when the witness made a statement directly after perceiving an event? (note: the statement must actually describe the event...)
What is...
PRESENT SENSE IMPRESSION 803(1)
Under rule 702, an expert witnesses testimony must be both relevant and...?
What is...
RELIABLE
803(8)
Public Records!
What is the name for the official document stating the witness roles, attornery allocations, and members of the team?
Trial Roster form
What objection should an attorney raise if a witness is testifying to something they have no knowledge of?
What is...
OBJECTION--Lack of Personal Knowledge, or FOUNDATION
What exception number is applicable to hearsay when the hearsay relates to records of acts or events?
What is...
803(6) Records of Regularly Conducted Activity
Name three of the five areas that attorneys can obtain foundation for their expertise from
What is...
knowledge, skill, experience, training, or education
What methods can be used to prove character under Rule 405?
1) Reputation or opinion
2) Specific Instances of Conduct
Which type of case includes complaint and answer?
Civil Case
What objection should an attorney raise if on direct the opposing side asks, "So, you did take a class on forensics?"
What is...
OBJECTION--Leading Question (leads to a specific answer, and prompts a yes or no.)
What exception to hearsay is made when the declarant cannot or refuses to be IN TRIAL?
What is...
804(a)(5) Declarant Unavailable (specifically when they cannot be in court)
What is Rule 703?
What is...
Bases of an Expert’s Opinion Testimony--can testify to certain matters if ther members of their field would rely on said evidence to form conclusions.
What rule allows witnesses to make their own opinion on the overall case?
Rule 704--Opinion on the Ultimate Issue--not automatically objectionable.
What process includes distributing exhibits to the jury?
publishing to the jury
If a party is attacking a witness based on their past conduct, but has no evidence of adverse past conduct, what objection should be raised?
What is...
OBJECTION-- Character Evidence
Last resort, what exception do you use if you have sufficient guarantees of trustworthiness, and is more probative than any other evidence that can be presented through reasonable efforts?
What is...
807: Residual Exception!
What is Rule 705?
What is...
Disclosing the Facts or Data Underlying An Expert’s Opinion--expert can make an opinion without laying underlying facts or data.
What does Rule 805 state about hearsay?
judge's discretion...
Which symbols represent the prosecution and defense in a trial? (must get both right).
prosecution--π (pi)
Defense-- Δ (delta)