How do you challenge something the other side is bringing into evidence?
Stand and say: "I object your honor."
During direct examination:
"You went to your mom's house later that night, didn't you?"
Leading Question
"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
When can you use a witness' prior out-of-court statement?
If they say something inconsistent (Impeachment)
Is it a true and accurate representation of...?
If you have more to say to support your objection, what should you say?
"May I be heard?"
"Did you determine the time of death by interviewing witnesses and by requesting the autopsy report written by the coroner?"
Compound Question
In a murder case, the attorney ask the defendant what is his favorite movie?
Objection: Relevance
OR
It's your testimony today that...
What is the objection if the other side does not establish the proper foundation for certain testimony, an exhibit, or the admission of an expert?
What does the Judge say when he agrees with the objection?
Sustained
Atty: Did you stop at the stop sign on 5th and Main?
Witness: no
Atty: So, to be clear, you ran the stop sign?
Asked and Answered.
"I think Drew was have a psychotic episode--he was blabbering on and on about nothing."
Objection: Improper (Lay-Witness) Opinion
What do you show the witness during an impeachment?
Their affidavit.
What is the objection if a witness is not familiar with an exhibit the other side is trying to ask them about?
What is the decision of the judge if he or she disagrees with the objection?
Overruled
Atty: "So, what happened?"
Witness: ...
Vague
"He said that the shipment of the drugs would get here at 8 PM"
Hearsay
How do you authenticate the witness' affidavit?
You ask them if it is their statement and if their signature is on the last page. (Also establish they were under oath)
What must an expert have to qualify as an expert?
Scientific, technical, or other specialized knowledge that will help the trier of fact understand the evidence or determine a fact in issue.
What do you do if you disagree with the Judge's ruling on your objection?
Sit down.
Atty: So what did you tell the police officers on scene?
Calls for Hearsay
Improper Character Evidence
What do you do when you are finished impeaching the witness?
Take the affidavit back and continue your questions.
What must an expert have relied on to form their expert opinion? (Must have BOTH)
Sufficient Facts and Data
AND
Reliable Principles and Methods