Procedure
Common Objections
Common Objections II
Procedure II
Opinion Question
Hearsay Exceptions
Procedure III (2x points)
Object to this Exhibit
100
What should the attorney objecting do if they object to a question by the opposing counsel?
Stand and say: "I object your honor."
100
During direct examination:
"You went to your mom's house later that night, didn't you?"
Objection: Leading Question.
100
"First thing I did was get up and go to work. It was a fairly normal day at work until the robbery, which happened around 1pm. After that the police came and began interviewing people. I was taken to the station and was there until around 10pm. After that I went home..."
Objection: Narrative Answer
100
When can you not use leading questions?
On Direct
100
Who can give their opinion at trial?
Experts
100
A statement made while the declarant was under the stress of a shocking event.
803(2) Excited Utterance
100
What rules are enacted by the prosecution during pre trial?
Rule 603 and 615 the constructive swearing in and sequestration of all witnesses
100
Exhibit 3: The Autopsy
Objection Hearsay!
Response: 803 (4) Medical Diagnosis
200
Who makes a decision as to whether an objection is sustained or overruled?
The Judge
200
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Objection: Compound Question
200
In a murder case, the attorney ask the defendant what is his favorite movie?
Objection: Relevance
200
When can you use leading questions?
On Cross-Examination
200
Who are often called to give opinions in a trial?
Doctors, psychologists, forensic experts, etc.
200
A statement describing an event made while the declarant was actually watching it happen.
803(1) Present Sense Impression
200
Enter an Exhibit into Evidence
What is it -> Do you recognize -> How recognize -> fair and accurate/same substantially same -> Admit
200
Exhibit 4 the Toxicology Report
Objection Hearsay!
Response: 803 (4) Medical Diagnosis
Or Regularly conducted activity
300
What does the Judge say when he agrees with the objection?
Sustained
300
When a question calls for an answer that has nothing to do with the case.
Objection: Relevancy.
300
"Did you stop at the stop sign on 5th and Main?"
-no-
"So, to be clear, you ran the stop sign?"
Objection: Asked and Answered.
300
What materials can help you if you need to explain your objection to a Judge?
The Rules of Evidence.
300
What are opinion questions that are not objectionable?Questions asking an opinion that anyone could give.
Questions asking an opinion that anyone could give.
300
A record kept in the ordinary course of a regularly conducted activity.
803(6) - Regularly conducted activity
300
Properly Impeach with a prior inconsistent statement
I'm not writing it all out, Lockhart gets to determine <3
300
Exhibit 14 Material Data Safety Sheet for Oxalic Acid
Objection Hearsay!
Public Record
Market Report
400
What is the decision of the judge if he or she disagrees with the objection?
Overruled
400
When you ask the witness the same question more than once.
Objection: Asked and Answered.
400
Question: "Weren't you the last person the victim saw on the night of his death?"
Response: "I didn't kill him!"
Objection: Non-Responsive Answer
400
What do you do if your question is objected to, and the Judge sustains the objection?
Ask a different question.
400
What are questions that are used to establish the expertise of a witness?Foundation questions
Foundation questions.
400
A statement made for a medical diagnosis or treatment.
803(4) Medical Diagnosis
400
Properly lay expert foundation
What materials -> Facts sufficient for review -> What methods -> Methods viewed in field -> Reliably apply those methods -> Conclusion
400
Exhibit 7 - Charlie Martin's Interrogation
Objection Hearsay!
Party opponent, Questions hold no truth value, other options that Lockhart can determine if it counts
500
What do you do if you disagree with the Judge's ruling on your objection?
Sit down.
500
When on cross the attorney asks about something that was not mentioned in the direct examination.
Objection: Beyond scope of direct.
500
"I think Drew was have a psychotic episode--he was blabbering on and on about nothing."
Objection: Lay-Witness Opinion
500
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question should be allowed.
500
What is a question that an expert witness cannot be asked?
The attorney asks his or her expert witness do you think the defendant committed the murder?
500
A statement made when the declarant believed death was imminent, concerning the cause or circumstances of that death.
Dying Declaration
500
Properly Impeach by OMISSION
I'm not writing it all out, Lockhart gets to determine <3
500
Objection Hearsay:
Charlie Martin's statements are party opponent
Kaye's statements (multiple options Lockhart decides)