Basics
What is an objection?
A formal challenge to a question or testimony.
Define hearsay.
An out-of-court statement offered for the truth of the matter asserted.
What does the rule of relevance require from any piece of evidence?
It must help prove or disprove a fact in the case.
What is a leading question and when is it allowed?
A question that suggests its own answer; allowed on cross.
Witness: “I heard from my cousin that the defendant always carries a knife.”
Hearsay.
When can an attorney object?
As soon as an improper question is asked or improper testimony begins.
Why is hearsay generally inadmissible?
The original speaker cannot be cross-examined.
Why can background information about a witness sometimes be allowed, even if it seems unrelated to the main issue?
It can help establish context, credibility, or foundation.
What is speculation?
When a witness guesses about something they don’t know firsthand.
Attorney on direct: “You were angry that night, weren’t you?”
Leading question.
What must you immediately say after standing to object?
The objection and its legal basis.
Name one hearsay exception.
Examples: excited utterance, present sense impression, business records, etc.
A witness is asked a question that seems unrelated to the case. What should the attorney challenging the question explain to the judge?
That the evidence does not make any fact of consequence more or less likely.
What objection applies when the witness testifies to something they didn’t personally observe?
Lack of personal knowledge.
Witness: “He must have been texting—people do that a lot.”
Speculation / Lack of personal knowledge.
What does a judge do when an objection is raised?
Sustain or overrule it based on the rules of evidence.
Why is an excited utterance admissible?
The excitement reduces the chance of fabrication.
What must an attorney show before asking a question that seems unrelated on the surface?
A clear connection (foundation) showing how the question ties to an important fact.
Difference between lay and expert opinion?
Lay = everyday observations; expert = specialized knowledge.
Attorney: “When did you stop stealing money fromyour job?
Assumes facts not in evidence.
What happens when you don’t object to improper evidence?
It becomes part of the record and the issue is waived
A witness says, “My neighbor told me the defendant admitted everything.” Why is this hearsay, and how might it be allowed?
The neighbor’s statement is hearsay; it may be allowed as a party-opponent admission.
A lawyer asks about a witness’s job history in a case about a stolen bike. Under what circumstance could this become relevant?
If the job history relates to credibility, expertise, opportunity, or another fact important to the case.
Witness says: “He was definitely planning the robbery.” What objections apply?
Speculation, improper lay opinion, lack of foundation.
Attorney on cross: “So since you lied before, you’re lying now, right?”
Argumentative.