Definitions
When would you object to opinion by a lay witness?
When a non-expert witness testifies to something outside their perception or expertise
What is hearsay?
An out of court statement used in court to prove the truth of the matter
What rule number are all hearsay exceptions for when the declaration is available?
Rule 803 of the rules of evidence
Leading questions are not allowed according to rule 611(c) of the rules of evidence. When can you ask leading questions?
On cross and when questioning a hostile witness
Brooklyn talking about an upcoming test at her school.
Relevance. Brooklyn’s test is not relevant to the case at hand
What is speculation?
When a witness testifies to something outside their personal knowledge (their statement)
Focused on facts, not opinions!
What rule number is hearsay?
Rule 802
What rule number(s) concern the testimony of expert witnesses?
Rules 702 and 703
Can some character evidence be used for the defendant or victim of a criminal case?
Yes, but only if the trait is important to the case
Peyton testifying that Sam was not distraught about the fire.
”Sam didn’t say anything. Sam just stood next to me, staring at what was left of the movie theatre.” (93-94)
Speculation. Peyton does not know what Sam is feeling
What is lack of proper foundation?
When the foundation has not been laid for a specific line of questioning or entering an exhibit
Are statements about an opinion on another person’s character admissible?
Yes. See 803(21), reputation concerning character.
What is Rule 401 in the rules of evidence?
Relevence
Who is allowed to give testimony on their opinion, not based on perception?
Expert witnesses
Sam saying Brooklyn was very forgetful and once started a small fire in the popcorn machine, so she did the same when the theatre burned down.
”Brooklyn struggled with multitasking and was very forgetful.” (54-55)
”On May 1, 2024, Brooklyn burned some popcorn and started a small fire in the machine.” (60-61)
Improper character evidence. The trait of forgetfulness cannot be used to prove she was forgetful in the instance of the theatre burning down.
What is improper use of character evidence?
When a person’s trait is used to prove they acted a certain way in a different scenario
What is excited utterance?
Any statement said in the heat of the moment, relating to a startling event
What is rule 704 in the rules of evidence?
Opinion on ultimate issue
When can you use character evidence?
Character evidence can only be used when (1) characterized as a habit or routine practice, (2) is evidence of their reputation or the public opinion on them, OR (3) when the trait is essential to the case
Avery testifying that Sam tried to dock Brooklyn’s pay.
”Apparently Sam was a real cheapskate and tried to dock Brooklyn’s salary because Brooklyn burned popcorn or something” (24-26)
Hearsay. Someone would have had to tell Avery this information. He is not involved in the finances of Reel Deal.
What are argumentative questions?
A question that assumes or characterizes something that is not directly stated in the witness statement
What makes something a record of regularly conducted activity?
The record must be (1) timely, (2) made by someone knowledgeable, (3) kept by a business/organization/occupation, AND (4) regularly kept. These conditions must all be shown By a qualified, trustworthy witness.
What rule is unfair extrapolation in the rules of competition?
Rule 2.3
Only relevant evidence is admissible. When is relevant evidence not allowed?
Relevant evidence can be excluded when its value is SUBSTANTIALLY outweighed by (1) prejudice, (2) confusing the issue, (3) misleading the jury, (4) wasting time, OR (5) needlessly reinforces previous evidence
Questioning Brooklyn about a suspicious man with a gas can in the parking lot, on the night of the fire.
“That guy was leaning against a dumpster, holding something. I don’t know what it was, but I could see there was a spout on it and it was red. It could have been a gas can.” (74-75)
Unfair extrapolation and argumentative. The line of questioning assumes they canister was a gas can, when Brooklyn cannot confirm that, which paints the defense negatively (unfair extrapolation). The man is also called suspicious, when Brooklyn has not described him as suspicious (argumentative).