Objections 1
Creating facts beyond reasonable inference from the given facts
Unfair Extrapolation
A Question that gives the suggested answer to the witness
Leading
Which side gives opening statement first?
Prosecution/ Plaintiff
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
Excited Utterance
Attorney: “What did you see?” Diego: “The car was speeding & it hit the van on purpose.”
Opinion
When witness or evidence does NOT have the sufficient background
Lack of Foundation
Attorney on Cross: "You never loved your wife, DID YOU?!"
Badgering the witness
Which side is the last to give their closing argument?
Defense
A statement of the declarant’s then-existing state of mind, or emotional, sensory, or physical condition
State of mind
“I always thought that Archie Way was involved with some illegal business.”
Speculation
Question is too general & calls for the witness to make a broad-based response.
Narrative question
Attorney on Direct: "Martha, please tell the jury how scared you were during this event."
Counsel is testifying
Before beginning a direct or cross, lawyers must ask:
"May it please the court"
A statement inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
Prior Inconsistent Statement
Attorney: “Dr. Fields, in your expert opinion, did the defendant have the mental capacity to kill Janet?”
Opinion on ultimate issue
When the witness doesn't respond to the question
Non-Responsive
Testimony or evidence NOT important to the case & will make no difference to the outcome
Relevancy
What do you do if your question is objected to and the Judge asks you to respond?
Explain why your question should be allowed.
A statement that is made for and is reasonably pertinent to medical diagnosis and treatment; and describes the medical history; past or present symptoms or sensations; their inception; or their general cause
Medical Diagnosis/Treatment
“Yesterday morning I heard the clerk tell the customer that he was having trouble sleeping and that he was really depressed with his life.”
Hearsay
Witness did NOT see or does not know about the facts & therefore cannot give testimony without speculating
Lack of Personal Knowledge
Question has been previously asked
Asked & answered
During a trial, when can you directly speak to the opposing team?
Never
A record or statement of a public office or official within the scope of duty
Public Record
"Everyone knows John is a violent man & he was bound to hurt someone eventually."
Improper Character Evidence