Objections 1
FAILS TO RESPOND TO THE QUESTION
What is Non-Responsive?
QUESTION HAS BEEN PREVIOUSLY ASKED AND ANSWERED BY WITNESS; AN OBJECTION TO THE QUESTION, NOT THE ANSWER.
What is Asked and Answered?
The type of question asked on cross examination
What is leading?
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is Excited Utterance?
ON DIRECT: “You thought Paul was a scary person as a child, didn’t you?”
What is Leading Question?
QUESTION IS TOO GENERAL AND CALLS FOR THE WITNESS TO MAKE A BROAD-BASED, UNSPECIFIC RESPONSE
What is Narrative?
NON-OPEN ENDED QUESTIONS SUGGESTING THE ANSWER TO THE WITNESS DURING A DIRECT/REDIRECT
What is Leading?
Describe what a case theory is
What is the central argument you are presenting and how evidence from the case supports that argument?
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?
“Mike was always involved with some illegal business.”
What is Speculation?
QUESTION DOES NOT HAVE SUFFICIENT BACKGROUND OR CONTEXT
What is Lack of Foundation?
ASKING TWO THINGS IN ONE QUESTION
What is Compound Question?
How a direct examination should begin
What is introducing the witness?
A statement that was made by a defendant confessing to the crime to a friend
What is Statement Against Interest?
Lay Witness: “Captain Storm was mentally unfit that night because otherwise he wouldn’t lie about what happened.”
What is Improper Opinion by a Lay Witness?
CREATING FACTS BEYOND REASONABLE INFERENCE FROM THE GIVEN FACTS
What is Unfair Extrapolation?
TESTIMONY OR PHYSICAL EVIDENCE NOT IMPORTANT TO CASE THAT MAKES NO DIFFERENCE TO OUTCOME OF CASE
What is Relevance?
When answering questions, witnesses should look at:
What is the jury?
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 Statement Made for Medical Diagnosis or Treatment?
“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 Hearsay?
WITNESS DID NOT SEE OR DOES NOT KNOW ABOUT THE FACTS, AND THEREFORE, CANNOT GIVE TESTIMONY WITHOUT SPECULATING
What is Lack of Personal Knowledge?
*Speculation is incorrect because the witness has not yet speculated, but cannot give relevant testimony without speculating
WITNESS GIVES EVIDENCE AS TO THE CHARACTER OF ANOTHER WITNESS
What is Improper Use of Character Evidence?
The words a direct/cross examination should end with
What is "No further questions your honor"?
A reputation among a person’s associates or in the community concerning the person’s character.
What is Reputation Concerning Character?
“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?