Hearsay
What is hearsay?
An out-of-court statement offered to prove the truth of the matter asserted.
What is speculation?
Guessing instead of stating known facts.
What makes someone an expert witness?
Specialized knowledge, skill, training, or experience.
What does it mean for evidence to be relevant?
It helps prove or disprove a fact in the case.
What does “leading” mean?
Suggesting the answer in the question.
True or false: All hearsay is automatically inadmissible.
False (there are exceptions).
Can a witness guess what someone else was thinking?
No.
Give an example of tendering
.
Who decides whether evidence is relevant?
The judge.
What does it mean to “strike” testimony?
The judge orders the jury to ignore it.
"The doctor told me I had a broken ankle" - How do you respond
Medical Diagnosis
" I think the defendant was thinking about stealing a candy bar"
An expert testifies, “Based on my experience, the defendant is lying.” You get objected to, how do you reply?
Opinion on the ultimate issue is allowed
What is a relevance exception
there are none!
If an attorney keeps asking the same question after it’s already been answered, what’s the objection?
Objection, asked and answered.
Why is hearsay generally excluded?
Because the original speaker can’t be cross-examined.
Explain the reasoning for why we don't allow speculation
.
An expert is qualified in psychology but begins testifying about the cause of a physical injury. What should you object to, and why?
Objection, improper expert opinion
In a theft case, the defense asks a witness about the defendant’s grades in school. The defense argues it shows the defendant is responsible and unlikely to steal. Should this be admitted?
No
"Where were you on Saturday and what were you doing" - Objection?
Compound question
A witness testifies, “I heard the store manager yell, ‘Call the police, he just stole something!’” Is this hearsay?
no
What rule requires witnesses to have firsthand knowledge?
Personal knowledge
An expert starts summarizing what another expert (who is not in court) concluded in their report and agrees with it. What’s the issue and the best objection?
Objection, hearsay (and possibly improper expert basis)
What's a reason for relevant evidence to be excluded (not hearsay, not speculation, not character evidence)
more prudential than probative
The steps to impeach a witness?
.