Definitions
This objection is raised when a question suggests its own answer, often answerable with a yes or no.
What is leading?
Plaintiff’s attorney asks their witness: “What did the defendant say after that?”
What is an opposing party statement?
The attorney asks their own witness, “You saw the defendant steal the money, didn't you?”
What is leading?
An attorney asks, “What was the defendant thinking when he robbed the bank?”
What is speculative?
A witness says, “My neighbor told me that her sister told her that he robbed her house.”
What is hearsay?
This objection applies to an out-of-court statement offered to prove the truth of the matter asserted.
What is hearsay?
An attorney asks, “What did she say she planned to do about her student loan problem?”
What is a statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or 803(3)?
A witness says “my neighbor told me she saw the defendant at the crime scene' to prove the defendant was there."
What is hearsay?
An attorney asks an opposing party witness, “You’re just a dirty liar, right?”
What is argumentative/badgering the witness?
A witness says, “He was definitely thinking that her outfit was ugly and her hair looked horrible.”
What is speculative?
This objection is used when evidence does not make any fact of consequence more or less likely.
What is relevance?
An attorney asks, “What did his coworkers say they thought about his trustworthiness?"
What is a reputation among a person’s associates or in the community concerning the person’s character or 803(22)?
An attorney tries to show the jury a photograph of the crime scene but never explains where it came from or who took it.
What is lack of foundation?
An attorney asks, “Did the defendant kill that man?”
What is a conclusion on the ultimate issue?
A witness, when asked about how they know a defendant, says, “I lived with her for four years. We got along very well. She also always ate her cereal dry, with no milk, and only used plastic spoons.”
What is irrelevant/relevance?
This objection applies when a witness lacks firsthand knowledge and is making an inference or guess.
What is speculation?
To explain why they disliked a certain person and fought with them, the witness says, “My friend told me that they were talking badly about me and dog. I disliked that person ever since then.”
What is effect on the listener?
The attorney asks a witness about the defendant's childhood pet.
What is irrelevant?
An attorney asks a lay eyewitness, “What stage of decomposition would a body typically be at if it was left in the woods over three high-humidity days?”
What is calls for an improper expert opinion?
A psychiatrist is asked to make a medical conclusion about the defendant and says, “He had severe mental problems such as BPD, depression, and schizophrenia, I mean, he is legally insane. He didn’t intend to kill that person.”
What is conlcusion on an ultimate issue?
This objection is raised when an attorney has not established the necessary background information for the witness to answer the question.
What is lack of foundation?
The daily temperature logs for refrigerators at a restaurant could be admitted as evidence because of this exception.
What is a record of a regularly conducted activity or 803(6)?
The attorney introduces extremely graphic autopsy photos when a simple diagram would make the same point.
What is more prejudicial than probative?
An attorney begins their line of questioning by asking for the witness to state and spell their name, and then immediately after they answer asks, “Why were you at the plaintiffs house on June 3rd?”
What is lack of foundation?
In a murder trial, one of the prosecution’s witnesses tries to make the defendant look bad by sharing all of their controversial political opinions (2 answers).
What is 403/more prejudicial than probative & relevance?