Procedural
When an attorney is rude to a witness.
What is argumentative?
Relevance
What is: "evidence is relevant if it has any tendency to make a fact of consequence more or less probable"?
A kind of question you can only ask on cross.
What is a leading question?
Hearsay
What is Rule 801?
The out of court statements of a defendant come in under this rule
When your question is repetitive.
What is Asked and Answered?
Hearsay
What is "an out of court statement being used to prove the truth of the matter asserted"?
When you ask a witness about two or more things
What is a compound question?
Relevance
What is Rule 401?
A knowledgeable witness can give this, which technically is speculation on certain things
What is an Expert Opinion?
When an attorney's question relies on unentered information.
What is Assumes Facts not in Evidence?
Speculation
What is "testimony in the form of an opinion is limited to one that is rationally based on the witness’s perception"?
When the question asks a witness to interpret another party's state of mind or intentions.
What is calls for speculation/improper opinion?
Prejudicial than probative
What is Rule 403?
When a defendant talks about "pertinent traits" of an alleged victim
What is a permitted use of Character Evidence?
When you don't introduce the exhibit you're entering.
What is Lack of Foundation?
Prejudicial than probative
What is "if the probative value of relevant evidence if substantially outweighed by a danger of unfair prejudice it may be excluded"?
When you ask a normal witness a hypothetical question
Improper Lay Opinion
Speculation
What is Rule 701?
When a witness can be shown their own statements during a direct examination
What is writing used to refresh a witness’s memory?
Asking a question on redirect about something you didn't ask about on direct.
What is Beyond the Scope?
Personal Knowledge
What is "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"?
A question which states information as a fact which has not yet been introduced as evidence or been proven
What is Assumes Facts not in Evidence?
Improper Expert Opinion
What is either Rule 702, 703, or 704?
A line in a piece of writing 20 years or older that can be brought in as an exception to hearsay
What is a statement in an ancient document?