Laying the Foundation
Asking the Question
Witness Answers
Where's That Info From?
Keeping It Classy
100
Answers vary, but the question and answer must relate to the subject matter of the case (they help prove or disprove a fact in the case)
Give an example of a question that would not be relevant to DiSario v. Metro City Public Schools.
100
The ultimate issue of the case (guilt or innocence)
What is an expert witness not allowed to give his opinion on?
100
No
Can a person testify to what they overheard from other people?
100
Badgering the Witness (Way to go Simone for objecting, and Jerome for sticking to your answer!)
What objection could be made here? Attorney: Harris, have you ever been convicted of a crime? Harris: No Attorney: Let me repeat-have you ever been convicted of a crime Harris: No Attorney: Did you ever get convicted or robbery?
200
It is not a relevant question, as Angel was not suspended/expelled for fighting, and is not accused of fighting Emory. The objection could also be made that this is improper character evidence (trying to make the witness look violent).
Determine whether this Q and A are 'relevant' Attorney: Angel, how often do you engage in fighting? Angel: I've only gotten in trouble for fighting once, but it was just friends messing around.
200
During cross-examination
When can leading questions be asked?
200
Only expert witnesses, except when the opinion is on common every-day matters (ex: a witness can say a person appeared drunk instead of describing all the factors of what makes a person look drunk)
Who is able to give their opinions to the Court?
200
Something that they said, or that was said directly to them, or that involved a person who is now dead.
What can a person testify to so to not violate the hearsay rule?
200
Yes, this is improper character evidence
Could an objection be made to this Q/A? If so, what? Attorney: Officer Harris, have you ever been arrested for loitering? Harris: Yes Attorney: So isn't it true that you break are a person who disregards the law?
300
Yes, the objection can be made, as no evidence has been introduced to prove that Harris is or was a former gang member. This could also be improper character evidence.
Determine whether an objection could be made for the following question: Attorney: Officer Harris, isn't it true you are a former gang member? Harris: No Attorney: Isn't it true you're lying?
300
Yes, this is a leading question
Could an objection be made during this direct-examination? If so, what objection? Attorney: Who came up to you when you and Sam were talking at your locker at Lincoln High?
300
Yes, narration (answering more then what the question asked for).
Could an objection be made to this Q/A? If so, what? Attorney: What did Riley say to you when you dropped off Sam at his office? Riley: He told me there was an incident to check up on in the parking lot, so I went to do that. There was nothing there, so I went back and by the time I arrived Sam was gone.
300
Yes, the 'personal knowledge' objection can be made (Angel wasn't there, so doesn't have personal knowledge to talk about what happened'
Could an objection be made to this Q/A? If so, what? Attorney: Angel, what exactly happened at the championship game with Emory? Angel: Emory got jumped; people were booing, playing my song, and attacked him.
300
-When an attorney asks the witness a question more then 1 time, or more then 1 way -When an attorney doesn't let the witness finish answering his question
When can you object for 'badgering the witness'?
400
L: Label as Exhibit X I: Identify (have witness identify document) M: Move evidence into trial A: Ask witness questions
Explain how to introduce a document into evidence (so to lay the foundation for questions relating to it).
400
Never
When can a compound question be asked of a witness?
400
Nope-Jamie is an expert witness so can give his opinion on the song meaning.
Could an objection be made to this Q/A? If so, what? Question: Jamie, what does the song 'stupid, money' mean? Jamie: It's all about bullying and pointing out that Emory is a snitch who lives on welfare and in a homeless shelter.
400
Yes, this is hearsay. Angel didn't say these things to Sam, so Sam can't testify to a conversation between other people.
Could an objection be made to this Q/A? If so, what? Attorney: Sam, what did Angel think of Emory? Sam: He didn't like Emory. Angel told Emory that his shoes were lame, and called him 'the stain' around everyone.
400
When an attorney brings up evidence of bad actions which are not related to the case to try to show the person is a bad person ex: Officer Harris was arrested before so he's a criminal and shouldn't be trusted. ex 2: Angel has bullied before, so he's a bully and is bullying now.
When can a party object for improper character evidence?
500
The opposing party has not properly introduced documents or physical evidence, or shown an expert is qualified to testify on issues related to his field of expertise.
What is required for an objection for 'lack of foundation' to be made?
500
Answers vary, but examples include: Officer Harris, what happened with Principal Riley on October 18th? Officer Harris, please describe the meeting that took place with Principal Riley and Angel on October 18th.
Give an example of how to ask this question in a non-leading way: Officer Harris, what did Principal Riley tell you when you went to his Office before he questioned Angel?
500
Answers vary, but the answer must address more then the question asks.
Give an example of a question and answer that involve narration.
500
Answers vary, but involve things said to or between parties not on the stand.
Give an example of a Q/A involving hearsay.
500
-Angel's prior fighting -Angel's prior suspensions -Angel's grades -Harris's prior arrests -Harris's gang affiliations
Give an example of something the opposing party could bring up about one of our witnesses which may lead to an improper character evidence objection.
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