When a direct attorney asks a question that suggests the desired answer or puts words in the witness’s mouth...
What is leading?
When an attorney or witness offers an out of court statement in court to prove the truth of the matter asserted...
What is hearsay?
When a witness begins telling a story or attorney's question calls for them to tell a story...
What is narrative?
Witness: “I saw them some time after school.”
What is vague and ambiguous?
When an attorney begins arguing with a witness, badgering a witness, or becoming overly aggressive...
What is argumentative?
When an attorney asks a question that extends past the scope of the witness’ statement or a witness makes a factual error in their testimony...
When an attorney asks a question or witness answers a question without providing backstory on it...
What is lack of foundation?
Attorney: "What time did you see Hannah and was it before or after you left the restaurant?"
What is compound question?
When a witness provides information not required to answer question or does not respond...
What is non-responsive?
When an attorney asks question that asks multiple things...
What is a compound question?
When an attorney asks the witness a question they wouldn't know the answer to or when a witness begins to testify about something they have not directly observed...
What is lack of personal knowledge/speculation?
When an attorney is antagonizing the witness to provoke a response by asking questions without giving the witness an opportunity to answer or openly mocking the witness...
What is badgering the witness?
Attorney:"Tell us everything that happened the night of the murder.”
What is narrative?
When a witness uses general personality traits to show how a person acted in a specific situation...
What is improper character evidence?
When an attorney asks the same question after receiving an answer...
What is asked and answered?
When the question asked or answer given is not specific enough...
What is vague and ambiguous?
When a witness’s answer or attorney’s questions treats something as fact when it's not in evidence...
What is assumes fact not in evidence?
When a non-expert witness testifies with personal inferences or subjective statements...
What is opinion testimony of lay witness?
When an attorney alludes to any matter that is not relevant/not supported by admissible evidence, asserts personal knowledge of facts, or states a personal opinion about a motive, witness, or plea...
What is counsel is testifying /improper commentary by counsel?
When the testimony given or question asked is not related to the case...
What is relevance?
When a question asked or answer given during recross/redirect brings up evidence/events not discussed during cross/direct...
Attorney:" “The defendant is a very selfless person, don’t you think?”
What is counsel is testifying /improper commentary by counsel?