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COMMON OBJECTIONS (1)
COMMON OBJECTIONS (2)
HEARSAY EXCEPTIONS
OBJECTION!
EVIDENCE
100
Testimony or evidence that is irrelevant
What is RELEVANCE
100
When the witness is asked a question that the witness has already answered
What is ASKED AND ANSWERED
100
Records made at or near the time by a person with knowledge, and is kept in the course of a regularly conducted business activity
What is BUSINESS RECORD
100
Shaw said, "Out with the old, in with the new."
What is HEARSAY, ADMISSION BY PARTY OPPONENT
100
What is the first step of entering evidence
ASK THE WITNESS WHAT IT IS
200
Can be asked on cross, but not on direct.
What is a LEADING question
200
When opposing counsel is treating a witness roughly or attempting to harass the witness
What is ARGUMENTATIVE
200
Statements describing an event or condition and made at the time the declarant was perceiving the event or shortly thereafter
What is PRESENT SENSE IMPRESSION
200
Perez talks in detail about his spouse's job
What is RELEVANCE
200
If you are going to enter any evidence during either of your examinations, what should you do before the trial begins
GET IT OUT OF THE BOX AND PUT IT IN AN ORGANIZED STACK IN FRONT OF YOU
300
Question calls for a broad range of information
What is NARRATIVE
300
When a lay witness gives an opinion about matters of which he/she has no knowledge
What is IMPROPER LAY OPINION
300
These are statements that describe the declarant's state of mind, emotion, sensation, or physical condition
What is THEN EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION
300
[ON DIRECT] "You were shocked when you were fired, weren't you?"
What is LEADING
300
What should you do before handing evidence to the witness
SHOW THE DOCUMENT TO OPPOSING COUNSEL
400
Statement made by someone who is not testifying and is offered for the truth of the matter asserted
What is HEARSAY
400
When an expert gives an opinion that is outside of his/her expertise
What is IMPROPER EXPERT OPINION
400
These are statements made in response to the excitement or stress of an event or condition that could cause excitement or stress
What is EXCITED UTTERANCES
400
Opposing counsel asks Owens to list all of the ways that TBD failed to meet best practices for age discrimination in one answer
What is NARRATIVE
400
What are the three questions that you must ask when authenticating evidence?
1) WHAT IS THIS THAT I HAVE JUST HANDED YOU? 2) IS IT A FAIR AND ACCURATE COPY? 3) DOES IT APPEAR TO HAVE BEEN CHANGED OR ALTERED IN ANYWAY?
500
When a witness testifies to matters that he/she has no personal knowledge of
What is LACK OF PERSONAL KNOWLEDGE
500
When evidence about the character of a witness is brought before the Court when the character of the witness is not an issue
What is IMPROPER CHARACTER EVIDENCE
500
This is NOT an exception to hearsay, but rather NON-HEARSAY and is when the statement is made by an opposing party.
What is ADMISSION BY PARTY OPPONENT
500
Fogel testifies that Riley Winter was not fired because of age discrimination
What is IMPROPER EXPERT OPINION
500
DOUBLE JEOPARDY!!
DEMONSTRATE HOW TO ENTER EVIDENCE