Hearsay
"After she was hit severely by the perpetrator on the head, she exclaimed, "It's him!"
What is excited utterance/dying declaration?
"My neighbor told me he saw the defendant climbing out of the broken window with a duffel bag."
What is hearsay?
"Isn't it true that back in college, you were caught cheating on an exam, and you were suspended from your fraternity for getting into a fistfight?"
What is improper character evidence?
Explain "rationally based perception"
Under federal rule of evidence 701, lay witnesses are explicitly permitted to offer opinions that are
"I was working at the bank when the security guard yelled, 'He's got a gun!' When I heard that, I immediately hit the silent alarm and hid under my desk."
What is effect on the listener?
"You saw the defendant pull out a black pocketknife and threaten the cashier, correct?" (on DX)
What is leading?
Eyewitness testifies :"When I looked at the skid marks on the asphalt, based on the deceleration pattern and the coefficient of friction of wet roads, the car had to be traveling at least 65 miles per hour."
What is lay witness offering an expert opinion?
403
What is more prejudicial than probative?
Objections are generally categorized into
what is substantive and non-substantive?
"A week before the warehouse burned down, I was having lunch with the Defendant, and they told me, 'If this business doesn't turn a profit soon, I might just have to burn it down for the insurance money.'"
What is statement of a party opponent?
"When you walked into the kitchen, did you see the broken glass and did you immediately call the police?"
What is compound?
The initial direct covered the weather and the roads. The cross-examination covered the weather and the roads. On re-direct, the attorney asks: "Let's talk about what the defendant was wearing that day."
What is beyond the scope?
611(c)
What is leading question?
Can you object to your own witness?
Yes, actually. This is just a fun fact though.
"I was talking to the shift supervisor, Maria, the morning after the factory accident. She told me that her lead technician, Dave, had told her, 'I knew the emergency shut-off valve was broken, but I forgot to log it.'"
What is hearsay within hearsay?
"I wasn't in the room when the contract was signed, but I'm sure the CEO only signed it because he felt threatened by the board."
What is speculation/lacks personal knowledge?
In a medical malpractice suit regarding a failed knee surgery, the plaintiff tries to introduce a graphic, close-up color photograph of the patient's open, bloody surgical site.
701
What is improper lay opinion?
Does impeachment remove a witness from the stand?
No.
"I saw the victim, Jordan, at the coffee shop the day before she died. She was smiling and told me, 'I'm so excited because I am starting my dream job on Monday.'"
Then existing state of mind?
"How can you sit there under oath and expect this jury to believe that you 'just forgot' to look at your mirrors before shifting into reverse?"
What is argumentative
On cross-examination, a witness mentions offhand, "I was wearing my favorite blue Nike shoes that day." The opposing attorney knows the witness actually owned Adidas shoes. The attorney tries to introduce a photograph of the witness's shoe closet to prove they lied about the brand.
What is improper impeachment by extrinsic evidence on collateral matter?
611(b)
What is the golden rule objection?
Asking the jurors to put themselves in the shoes of the plaintiff or victim