Hearsay exceptions! (is it hearsay, if not, why?)
Witness (for the prosecution): "The defendant, Ms. Booker said, 'I'm gonna kill you!' and it was obvious she had extreme rage in her eyes for the man who served her an eviction notice."
What is excited utterance?
OR
What is statement of party opponent?
The attorney keeps asking the same question after it’s already been answered.
The attorney asks: “You saw the defendant hit the victim, didn’t you?”
What is leading question?
Attorney: "Did you eat the sandwich?"
Witness: "No."
A: "Did you or did you not eat the sandwich?"
W: "I just said, no."
What is asked and answered?
What is the difference between narrative and non-responsive?
Narrative is a long story (may be non-responsive), while non-responsive can be short but simply does not answer the question.
Witness: "The day after the accident, Sarah swore up and down she didn't hit the telephone pole!"
What is no exception?
OR
What is hearsay?
The witness is guessing about something they don’t actually know.
What is speculation?
OR
What is lack of personal knowledge?
The witness says: “Let me start from the beginning…” and starts telling a long story.
Attorney: "So you saw the police car and heard its siren, right?"
What should you say if opposing counsel objects to lack of foundation (assume you have not laid proper foundation)?
What is "withdrawn, Your Honor," or "I will ask questions to lay a proper foundation."
Witness: "He apologized for the crash and told me it was his fault. He admitted to speeding and not looking at the road, too."
What is statement against interest?
The witness’s answer or the attorney’s question is so unclear or confusing that it’s hard to tell what’s being asked or answered.
What is vague?
OR
What is ambiguous?
Attorney: The defense would like to call Dr. Doofenshmirtz to the stand.
Witness: Good evening! I'm Dr. Doofenshmirtz.
Attorney: Now, do you remember how many weapons you saw in the house?
What is lack of foundation?
OR
What is relevance?
Attorney: “So you expect the jury to believe that ridiculous story?”
What is argumentative?
Difference between argumentative and badgering the witness?
Argumentative is generally one question, badgering is repeated harassing actions.
Witness (who has read depositions of other witnesses): "I read her deposition and she said that she was under the influence."
What is former testimony (given under oath)?
The evidence would unfairly sway the jury’s emotions more than it actually helps prove something important in the case.
What is more prejudicial than probative?
Attorney: "Why do you think the accident happened?"
Witness: “I think the car in front didn’t stop because their brakes failed.”
What is speculation?
OR
What is improper lay opinion?
Attorney: “You’re lying, aren’t you? You’ve lied before, and you’re lying right now!”
What is badgering the witness?
How would you enter a witness as an expert?
Introduce them, give evidence of education and field experience (licenses if necesary), show relevance, and defend questions of reliability.
An exhibit shows a marriage record from 1990.
What is ancient documents?
OR
What is public records?
The question on redirect or recross goes beyond what was covered earlier.
What is beyond the scope of cross/redirect?
Attorney: "What is this?" *hands witness an exhibit*
Witness (doctor): "Oh, that's gruesome. It appears to be a picture of my patient right after he was in the accident with all his limbs cut off."
Attorney: "And it has not been altered in any way?"
Witness: "Not to my knowledge, no."
Attorney: "The prosecution moves to enter this into evidence."
What is more prejudicial than probative?
Attorney: "You saw the defendant leave their workplace, didn't you?"
Witness: "I left at 4 PM."
What is non-responsive?
Name one reason character evidence would be admissible.
What is when a person's character is an essential element of a claim?
What is when the defendant opens the door?
What is impeachment?
What is reasons for non-character purposes/not for the truth of the matter asserted?