Definition
Any time a witness is asked to guess or make an opinion based on a hypothetical situation and not on the facts of the case.
802
Hearsay Objection
Definition
An out of court statement being used to prove the truth of the matter asserted.
"Bryn, you were with Brodi at the school and eating a sandwich correct?"
Compound Question
On direct examination, Aailiyah asks "You were at Mock Trial practice, correct?"
Leading Question
Lack of Foundation
There has to be foundation given to show that a witness knows what they are talking about. Good objection with entering exhibits when they haven't laid the foundation that the witness knows what the exhibit even is.
402
Relevance
What Hearsay Exception is a receipt or report?
Record of regularly conducted business
Conner goes into extreme detail on direct about what he ate for breakfast.
Relevance
Sumaya says "Ryan is guilty".
Opinion on the Ultimate Issue
Beyond the Scope
Only applies to redirect and recross, opposing counsel can ask a witness about topics that you asked on cross examination. They can't ask about something you didn't talk about.
403
More Prejudicial than Probative
What Hearsay Exception is someone saying "My head really hurts"?
Then existing mental/emotional/physical condition
Mica says "Lina was angry when I didn't give her any gummy worms".
Speculation
Josh on cross-examination asks multiple times "you were outside during the night, while it was dark"
Asked and Answered
Improper Opinion
When a witness testifies to the truth of one of the elements of the case
404
Character Evidence
Can a question be hearsay? Why or Why not?
No, because it is not a statement being used to prove the truth of the matter asserted.
"Mady, could you read this entire paragraph on exhibit 2?"
More cumulative than probative
Hannah says "I was told by Murphy that Carly told him that having ten people at the party wasn't going to be possible."
Hearsay Within Hearsay
Argumentative Question
A question that asks the witness to agree to a conclusion drawn by the attorney without eliciting testimony as to new facts. It forces the witness to agree to their argument and opinion.
704
Opinion on the Ultimate Issue
What hearsay exception is "Hayden told me his friend has a reputation around Lakeville as a famous ping-pong player"?
Reputation as to Character
Rylee says "Ella has always been a really stubborn person to work with and she continues being stubborn now."n
Character Evidence
Emily asks Ava on direct examination how MN driving laws were established
Unfair Extrapolation