Objections
An exception to hearsay for prosecution only.
What is party opponent’s statement 801(d)(2).
The objection to use when the prosecution asks their own witness on direct examination: "You saw Taylor Durden force Jessica to drink a whole gallon of water, right
Leading
During direct examinations, these are the facts of the case that benefit your side.
What are good facts.
You just asked your main witness what they ate for breakfast on the morning of the crime. Opposing counsel objects to relevance. Argue why this actually matters to your case.
On direct examination, the prosecutor asks Chapter President Alex Richards: "Taylor Durden was visibly annoyed with Jessica and was deliberately trying to punish her during the game, correct?
What is a leading question
You should stand up and make this objection if a witness starts repeating what their friend told them happened, instead of talking about what they saw themselves.
What is hearsay
The objection to use when the defense asks a witness: “ does it look like fraternities will stop hazing in the future?"
Speculation
During cross examination, these are the facts that you attempt to bring up that damage the other side’s case.
You try to show the jury a text message Taylor sent saying, "We need to break the pledges in hard this year." The defense objects, relevance
This shows intent.
Mr. Durden, you were the master pledge of this frat. You just liked the power and enjoyed making helpless freshmen obey you, didn't you?"
No. Being the president wasn't about power. It was my job to organize events and keep our school's 50-year traditions alive."
This objection must be made the exact second an attorney asks a question that puts the desired answer directly into their own witness's mouth.
What is leading
The prosecutor asks Peyton Baker: "Mr. Baker, can you explain exactly what the national board members of your fraternity were thinking when they wrote the anti-hazing policy in Exhibit 5?"
What is speculation? (Also accept: Lack of personal knowledge)
During cross examination, these are the types of questions you are supposed to ask.
What are leading questions.
What would you object to if the prosecutor asks a witness: "When you saw Taylor smile after Jessica collapsed, what kind of cruel joy was Taylor feeling inside their mind?
speculation
Mr. Richards, you were arrested for manslaughter too. You pointed the finger at Taylor and agreed to sit at the prosecution table today just to save your own skin and protect your 4.0 GPA, didn't you?
No, I am testifying because a student died. I explicitly argued with Taylor and warned her that this game was dangerous before it even started.
This objection applies if a witness who is not a doctor or scientist tries to give a technical opinion about a complicated biological cause of death.
What is speculation? (Also accept: Lack of personal knowledge)
The objection to use when a witness begins calling the defendant a horrible person who would most definitely commit bad actions.
Character Evidence
Throughout the trial, these are the concepts you keep trying to bring up again and again and add to throughout the trial to build your case.
What is theme and Theory.
If a witness is not being cooperative and won't answer your questions during cross examination what should you do.
Objection: Non Responsive or redirect the witness/ state cross examination requires a yes or no response.
You claim Taylor 'forced' everyone to drink. But nobody tied you down, did they? Nobody held a funnel to your mouth. You all drank completely voluntarily because you wanted to look cool."
When the person who controls your social standing and campus life tells you that you must drink to pass the test, it doesn't feel voluntary. The psychological coercion Taylor used left us with no real choice
Under this rule, the judge can block evidence if its value in proving a fact is vastly outweighed by the danger of unfair prejudice.
What is rule 403
The prosecution calls a freshman student to the stand who dropped out of the pledging process on day one. The prosecutor asks them: "Can you please explain to the jury exactly how Taylor Durden ran the final Water Quiz in the basement five days later?"
What is lack of personal knowledge?
The charge that Taylor Durden is accused of committing.
What is manslaughter.
On direct examination, a regular fraternity member testifies: "Yeah, Jessica definitely died because the water caused her brain cells to swell up and pop."
Speculation (or Lack of Personal Knowledge).
Dr. Jackson, you didn't even do the physical autopsy on Jessica Bateson. You just sat in your office, read a few papers, and accepted thousands of dollars from the defense to say what they wanted, correct?"
"
No. I am an independent medical professional. I am paid for the hours I spent reviewing the charts, and those medical records show a pre-existing health issue that the state's coroner completely missed."