Hearsay
What is hearsay?
A statement that a declarant does not make while testifying at the current trial or hearing, AND that a party offers in evidence to prove the truth of the matter asserted.
What is a leading question?
Suggests a particular answer that the questioner desires – most often a simple 'yes' or 'no' answer
"How did David respond and how did he react?"
Compound
How should you address the judge?
Your Honor
Where does Tyler attend college?
Constitution State University
Is all hearsay inadmissible into evidence?
No
When should you use leading questions?
Cross Examinations
When in court for a parking ticket asking
"What is your favorite holiday?"
Relevance
When cross examining what side should you stand at?
Same side as the witness
Who ran against Tyler for Class president in high school?
Beaux Hall
Name two hearsay exceptions
absence of a public record; recorded recollection; statements in ancient documents; reputation concerning character...
Is this a leading question? → “Mr. Smythe, you work in the elections office, correct?”
Yes
"What did Amy think when she did not get into college?"
Lack of personal knowledge
Who can lawyers speak to throughout the trial?
Only their co-council (our attorneys)
How is Beaux Hall related to Shawna Mendez?
Beaux is her step brother
What are the two statements that are not considered hearsay under mock trial rules?
Declarant-Witness’s Prior Statement AND an Opposing Party’s Statement
Make this leading question into a non-leading question: “This made you upset, correct?”
Something along the lines of “How did that make you feel?”
*** Special Questions ***
When making an objection, BE CONFIDENT!
List the amount of times for opening, direct or cross, and closing.
5 minutes opening, 25 minutes direct, 20 minutes cross, 7 minutes closing
Where did Dr. Adrian Grande go for his PHD?
Harvard
Name a rule number that is related to hearsay
Rules 801-805
What rule relates to leading questions?
Rule 611
Leading question
What are the steps of entering an exhibit?
Establish foundation, ask to retrieve the exhibit, show opposing counsel, identify exhibit, as to submit it as a full exhibit.
How long has Sam Smythe worked in the elections office?
14 years