Procedure
When can you not use leading questions?
Direct Examination
"Did you stop at the stop sign on 5th and Main?"
-no-
"So, to be clear, you ran the stop sign?"
In a murder case, the attorney ask the defendant what is his favorite movie?
Objection: Relevance
When an attorney questions a witness without first proving s/he is qualified to answer said questions.
Lack of Foundation
Who makes a decision as to whether an objection is sustained or overruled?
The Judge
What should the attorney objecting do if they object to a question by the opposing counsel?
Stand and say: "I object your honor."
An out-of-court statement being offered in court
Hearsay
When a question calls for an answer that has nothing to do with the case.
Objection: Relevancy.
When you ask the witness the same question more than once.
Objection: Asked and Answered.
When can you use leading questions?
On Cross-Examination
What does the Judge say when he agrees with the objection?
Sustained
Facts shown not to exist.
Assumes Facts Not in Evidence
When on cross the attorney asks about something that was not mentioned in the direct examination.
Objection: Beyond scope of direct.
During direct examination:
"You went to your mom's house later that night, didn't you?"
Objection: Leading Question.
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question should be allowed.
What is the decision of the judge if he or she disagrees with the objection?
Overruled
The opposing attorney questions the witness in a harsh tone.
Argumentative
Badgering
Questions that require a witness to testify to motives, intentions, or reasons behind the actions of another.
Speculation
What do you do if your question is objected to, and the Judge sustains the objection?
Ask a different question.
What do you do if you disagree with the Judge's ruling on your objection?
Sit down.
Unfair Extrapolation
"I think Drew was having a psychotic episode--he was blabbering on and on about nothing."
Objection: Lack of Personal/Professional Knowledge
"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
What materials can help you if you need to explain your objection to a Judge?
Evidence.