Procedural
Which rule allows an attorney to object when opposing counsel is asking a question that’s already been answered?
Objection, asked and answered. (MRE 611(a))
Which rule limits lay witness opinions to those rationally based on perception and helpful to understanding testimony?
MRE 701.
Rationally based on witnesses perception
Helpful to understanding the witnesses testimony or a fact
Not based on 702 (scientific conclusion)
Under Davis v. Adams, before admitting expert testimony, what must be shown?
a) Background b) Materials c) Method d) Method Reliably Applied
Riley Kaye testifies, “Charlie told me, ‘I love to kill.’” Admissible? What rule number
Yes, party-opponent admission under MRE 801(d)(2)(A).
Which rule prohibits using character evidence to prove conduct on a particular occasion?
404(a)(1).
During cross, a witness begins explaining way beyond the question asked. What’s the objection?
Objection, nonresponsive. (MRE 611(a))
Lennox Reynolds testifies, “It looked like Rob was suffering from oxygen deprivation.” What’s the objection?
Objection, improper lay opinion — medical conclusion outside witness’s expertise.
Dr. Hartley claims Rob inhaled 1.75 grams of oxalic acid but didn’t measure it directly. What’s the proper objection? Make it.
Objection, improper expert testiminy. lack of sufficient facts or data under MRE 702(b).
List 3 non-truth purposes
1) effect on listener 2) subsequent action 3) knowledge
Can the prosecution introduce prior bad acts to show motive or intent? What rule number
404(b)(2)
On direct, an attorney asks, “Tell us everything that happened that morning.” What’s the objection?
Objection, narrative. counsel’s question calls for a long, unfocused answer. (MRE 611(a))
If Taylor Jha testifies about how production usually edits footage, is that expert or lay testimony?
Expert (per Order on Motions in Limine, Jha qualified in reality TV production).
What’s the difference between Davis v. Adams and Richards v. Mississippi BBQ?
Davis: qualifies experts, Richards: Can only rely or disclose hearsay that relates to their knowledge/conclusion.
Doos testifies: Charlie told me that Riley told her she wanted to play up the sabotages for the camera. Is this admissible? Cite any rule numbers
805, 803-3, 801d2
The witness says, “I saw the defendant litter last month, so I knew they would vandalize the park too.”
Objection, character evidence, prior bad acts cannot be admitted to show propensity. Could be admissible for a non-character purpose like intent or absence of mistake under 404(b).
During redirect, an attorney asks about a topic that never came up on cross. What’s the objection?
Objection, outside the scope of cross-examination. (MRE 611(b))
Patel testifies " Rob was definitely panicking because of oxalic acid in his mask.” What is the objection make it.
602 - Lack of Personal Knowledge. Cannot testify to cause unless they personally perceived or scientifically determined it
What are the four factors under Tarot Readers v. Merrell Dow used to evaluate reliability?
Testability, peer review, known error rate, general acceptance.
Doos testifies that she told Charlie that she was excited to be a Saboteur. Is this hearsay? Why or why not?
America's best cookie vs International House of Waffles
The attorney asks, “Wouldn’t you say the defendant is violent?”
Objection, improper opinion on character under 405(a), opinion testimony about character is only allowed if it is relevant to a permitted purpose, such as rebutting specific character evidence.
Counsel shows a document to the jury without having a witness identify what it is or how it was created. What’s the objection?
Objection, lack of authentication. (MRE 901(a))
“The mask looked like it had been tampered with.”
Objection, improper lay opinion (MRE 701), tampering implies a conclusion requiring expertise or direct observation; they can describe what they saw (loose straps, powder residue), but not that it was tampered.
Dr. Hartley forms a new conclusion during trial based on another witness’s testimony, what’s the objection?
Objection, outside the scope of report under Kane Software.
How old does a document have to be to be considered "ancient" under the bounds of 803-16?
Before January 1, 1998
Can you use Hearsay to show character evidence? If so, what rule number supports this?
803-21