Trial Procedures
What is the title that the judge must always be addressed with?
"Your Honor"
True or False: When cross examining witnesses, you may ask questions related to matters that did NOT come up in direct examination
False.
How should you respond to objections for hearsay?
Your Honor, I am not asking about this for the truth of the matter asserted, I'm asking to show [his character].
True of False: Objections not stated in the case book can be made during trial
What is FALSE.
On what grounds can physical evidence be introduced?
if it is relevant to the case
Which side first gets to deliver its opening statements?
the plaintiff
What does it mean when a judge "sustains" an objection?
It means that the objection is valid and the question cannot be asked
Testimony that does NOT help the judge decide the facts of the case is objectionable under what rule?
201 - relevancy
True or False: You can stand up to object even if you don't know the specific name of the objection you are making
What is TRUE!
How many times does physical evidence needs to be introduced?
only once
When can re-cross questions be asked?
Only if re-direct questions are asked
What is the rule that prevents one from asking cross questions related to matters that did not come up in direct examination?
Rule 305 - scope of witness examination
What objection do you make when the witness is wandering or allowed to tell an entire story?
narration - 301
A statement made outside of the courtroom is considered what?
What is hearsay?
True or False: You must mark something as an exhibit BEFORE it can be marked as evidence
TRUE
What side of the courtroom does the defendant sits on?
The left side of the courtroom
Is the following objectionable during direct examination, and why? Attorney: You decided to build a porch because your husband is sick, correct? Witness: That's right
Yes, because it is a leading question. Rule 301
Which one of the following is always "objectionable": (1) questions with "yes" or "no" answers; (2) compound questions; (3) leading question; (4) lengthy questions?
Compound questions are always objectionable.
Can you raise a hearsay objection to a stipulated document?
What is NO.
How should you respond to opinion objections?
Your honor, this is well within the knowledge of the witness. OR Your honor, this is general knowledge, it doesn't require the witness' opinion.
When can you impeach a witness, and what rule number is impeachment?
When they contradict their own testimony, rule 306
How many questions are you allowed to ask while re-directing and re-crossing a witness?
3 questions
What objection is made when a witness theorizes as to was possibly could have happened?
speculation - 313
The exceptions to the hearsay rule are... (must state at least 4!)
402: admission of a party opponent.
403: state of mind.
404: business records.
405: present sense impression.
406: statements in learned treatisies
407: statements by an unavailable declarant.
How should you phrase a character objection, and what rule number is character?
Rule 202. "Objection, your honor. Evidence of the defendant'y character is not proper given the facts of the case." OR
"Objection, your honor. Only the witness' veracity is at issue."