Name that Objection
What objection does this describe:
It has any tendency to make a fact more or less probable than it would be without the evidence; and The fact is of consequence in determining the action.
Relevance
What questions must you ask to authenticate an exhibit
1) Do you recongize this exhibit
2) What is it?
3) Is it a fair and accurate copy of the exhibit at the last time you saw it
Direct of Riley Kaye
Q:What was the defendant feeling when he saw Charlie Martin dead?
A: I knew that Charlie Martin must have been devastated
Objection: Speculation
Q: What did Rob Armstrong say when Charlie confronted him?
A: Rob said that he was going to ruin Charlies life, one episode at a time
State of mind, statement of intent
What is a motion to strike
A motion to strike occurs when something is striken off the record and the opposing attorney asks for this if there objection has been sustained
What objection does this describe
An out of court statement being offered for the truth of the matter asserted
Hearsay
What do you say as you are showing the witness, the attorney, and the judge an exhibit
Your honor permission to approach this witness with what has been marked for identifcation as
Your honor I am showing opposing counsel a copy of this exhibit
Your honor would you like a copy of this exhibit as well
Cross of Taren Rivera (pretend we already established he has proper knowledge of this)
Q: Charlie Martin said that he never intended to hurt anyone in his affidavit didn't he
A: Yes
Objection: Hearsay
Q: What happened immediately following the death of Rob
A: I heard Riley Kaye scream after seeing his body, saying it was all Charlie Martin's fault
Excited Utterance
What is an impeachment
This is when any witness states a material fact that directly contradicts their affidavit or deposition. You bring out the witness’ statement and read the section out loud in the courtroom.
What objection does this describe?
A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter.
Lacks Personal Knowledge
What do you say after you have authenticated an exhibit when you want to move it into evidence
Your honor at this time the pros/defense would like to move exhibit blank into evidence
During the cross of Lennox (this is made up)
Q: You used to have a drug problem didn't you
A: i did yes but I haven't in 15 years
Objection: More prejudicial than probative
A: Yes, they started saying that Rob appeared to be blue and that his backpack felt more heavy than it should be
Present sense impression
How much time is allocated for each section of the trial?
14 minutes for opening/closing combined, 25 for directs, 25 for crosses, and 3 hours total for the trial
What objection does this describe
If a witness is not testifying as an expert, testimony in is limited to one that is:
(a) rationally based on the witness’s perception, (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
Opinion (lay opinion)
What do you say when you want to call your witness to the stand
Your honor at this time the defense/pros would like to call "first name, last name" to the stand
Cross of Riley Kaye
Q: The defendant never physically harmed you during any of your arguments right?
A: No of course not
Objection: Improper Character Evidence
On the Prosecution direct of Taren
Q: What did the defendant say when you saw him in the supply closet
A: He said that he was just grabbing something to clean up a diet coke spill
What s could you use to get in these two out of court statements (each statement needs its own reason to get in)
Q: What did the witness tell you
A: The witness says, "My friend, who was at the accident, called me and told me she heard a loud crash and then saw a man running from the scene." which lead me to call the police so they would arrive on scence.
Statement 1: excited utterance or present sense impression
Statement 2: Subsquent actions (the friends statement to the witness)
What objection does this describe
In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime
Ultimate Issue
What does the capitan say when they have excused their third witness
Your honor at this time the defense/pros rests their case
On the redirect examintion of Taren Rivera
Q: You saw Charlie alone with Mr.Armstrongs scuba mask isn't that right?
A: That is yes
Objection: Leading
On the direct of Riley
Q: What did Rob say when you talked to him?
A: He said that he felt like he was having an allergic reaction and that he was having a hard time breathing
State of mind, physical state
When is the non responsive objection used
On cross examintion when the witness is not answering your question