Objections 1
Objections 2
Trial Procedure
Hearsay Exceptions
Example Objections
100
CREATING FACTS BEYOND REASONABLE INFERENCE FROM THE GIVEN FACTS
What is Invention of facts
100
NON OPEN ENDED QUESTIONS SUGGESTING THE ANSWER TO THE WITNESS DURING A DIRECT/REDIRECT
What is Leading
100
When the judge enters or exits, all participants must:
What is rise
100
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is Excited Utterance
100
DIRECT Q: “You thought Captain Storm was a scary person as a child, didn’t you?”
What is Leading Question
200
WITNESS//PHYSICAL EVIDENCE DOES NOT HAVE THE SUFFICIENT BACKGROUND
What is Lack of Foundation
200
QUESTION JOINED BY / AND REALLY ASKS TWO QUESTIONS
What is Compound
200
The judge is always addressed as:
What is your honor
200
A statement of the declarant’s then-existing state of mind, or emotional, sensory, or physical condition, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
What is Then Existing, Mental, Emotional, or Physical Condition
200
“I always thought that Archie Way was involved with some illegal business.”
What is Speculation
300
QUESTION IS TOO GENERAL AND CALLS FOR THE WITNESS TO MAKE A BROAD-BASED, UNSPECIFIC RESPONSE
What is Narrative
300
WITNESS CANNOT GIVE EVIDENCE AS TO THE CHARACTER OF ANOTHER UNLESS CHARACTER IS IN ISSUE, IT IS AN ISSUE OF CREDIBILITY, OR IT PROVES MOTIVE, OPPORTUNITY, INTENT, ETC.
What is Improper Character Evidence
300
Before beginning a direct or cross, lawyers must ask:
What is "may I proceed?"
300
A statement inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
What is Prior Inconsistent Statement
300
Lee Way: “Captain Storm had something mentally wrong with him because other wise he wouldn’t lie about what happened that night.”
What is Testimony by non expert
400
FAILS TO RESPOND TO THE QUESTION
What is Non Responsive
400
TESTIMONY OR PHYSICAL EVIDENCE NOT IMPORTANT TO CASE AND/OR MAKES NO DIFFERENCE TO OUTCOME OF CASE; MAY INCLUDE MATERIAL UNFAIRLY PREJUDICIAL, CONFUSING, OR A WASTE OF TIME.
What is Relevancy
400
When answering questions, witnesses should look at:
What is the judge
400
A statement that is made for and is reasonably pertinent to medical diagnosis and treatment; and describes the medical history; past or present symptoms or sensations; their inception; or their general cause
What is Diagnosis/Treatment
400
“Yesterday morning I heard the clerk tell the customer that he was having trouble sleeping and that he was really depressed with his life.”
What is Heresay
500
WITNESS DID NOT SEE OR DOES NOT KNOW ABOUT THE FACTS, AND THEREFORE, CANNOT GIVE TESTIMONY WITHOUT SPECULATING
What is Lack of Personal Knowledge
500
QUESTION HAS BEEN PREVIOUSLY ASKED AND ANSWERED BY WITNESS; OBJECTION TO THE QUESTION, NOT THE ANSWER.
What is asked and answered
500
When cross questioning a witness, the lawyer should stand:
What is With the witness between themselves and the judge
500
A reputation among a person’s associates or in the community concerning the person’s character.
What is Reputation Concerning Character
500
“When I was out that night I heard Archie talking on the phone and he was frantic, worried and stressed out. I heard him saying to the person on the other line that they had a lot of business to take of.” (2 Answers)
What is Speculation/ Hearsay
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