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This objection is used when a witness repeats something another person said outside of court to prove the truth of that statement.
What is hearsay?
This objection challenges whether the question or answer helps prove or disprove any fact in the case.
What is relevance?
This objection is used when a witness guesses about something they couldn’t possibly know.
What is speculation?
This objection is made when a question suggests the answer on direct examination.
What is leading?
This objection is used when the attorney hasn’t shown how the witness knows something.
What is lack of foundation?
Witness says, “My neighbor told me she saw the defendant running from the house.”
What is a hearsay statement (because the witness is testifying to what the neighbor said)?
Witness is asked, “What’s your favorite movie?” in a theft case.
What is irrelevant evidence?
Witness: “I think the driver must have been texting.”
What is speculation (no personal observation)?
Attorney: “You saw the defendant hit her, didn’t you?”
What is a leading question?
Witness: “I think that document looks fake.” before being shown it was authenticated.
What is lack of foundation for the exhibit?
Witness says, “My boss told me there was a fire, so I ran out of the building.”
The statement is being offered to explain why the witness ran, not whether there was actually a fire.
What is not hearsay (because it’s offered to show the effect on the listener, not the truth of the matter asserted)?
The defense argues that a photo of the victim’s injuries is too shocking to be helpful.
What is unfair prejudice outweighing probative value?
Witness: “She looked angry when she saw the letter.”
What is proper lay opinion (based on perception)?
Witness begins telling a long story instead of answering the question.
What is a narrative response?
A lay witness says, “He seemed drunk.”
What is a permissible lay opinion (based on observation)?
A witness testifies: “Right after the crash, the driver screamed, ‘I can’t see!’”
The statement was made seconds after a startling event.
What is the excited utterance exception to hearsay?
When an attorney connects a previously irrelevant fact to a key issue, they are said to have “laid” this.
What is a foundation for relevance?
A witness can only testify to what they directly perceived—this rule is called the requirement of ________.
What is personal knowledge?
Attorney: “Why would an honest person do that?”
What is argumentative (badgering the witness)?
A forensic expert gives an opinion about blood spatter, but there was no foundation for their qualifications.
What is improper expert opinion (no foundation)?
A police officer testifies: “When I arrived, the bystander said, ‘The red truck hit the blue car.’”
Normally this would be hearsay, but the bystander died before trial and the statement was made while they believed death was imminent.
A question about a witness’s salary is allowed only if it shows bias or motive.
What is conditional relevance?
Witness says, “If I had shown up earlier, none of this would’ve happened.”
What is improper speculation about a hypothetical situation?
A question asks two things at once, such as “Did you go to the store and buy milk?”
What is a compound question?
Expert testifies about mental illness, even though their field is chemistry.
What is testifying beyond their area of expertise?