PROCEDURE
How do you make an objection?
When would a lawyer say "Objection, leading the witness"?
When a lawyer asks a witness a close-ended question in a DIRECT EXAMINATION
When would a lawyer say "Objection, asked and answered"?
When a lawyer is asking the same question to the witness over and over again
In a DIRECT examination:
Lawyer: "How often do you go to the gym and how much time do you spend there?"
Compound Question
In a DIRECT examination:
Lawyer: "You went home at around 6:00pm, right?"
Leading Question
What does it mean if a judge says "Sustained"
The judge agrees with the objection, and the lawyer who was objected to cannot ask that question
When would a lawyer say "Objection, relevance"?
When a lawyer poses a question to the witness that doesn't seem relevant to the case
When would a lawyer say "Objection, compound question"?
When a lawyer asks multiple questions in one
In a DIRECT examination:
Lawyer: "Why do you think Tanya showed up late that day?"
Speculation
In a DIRECT examination:
Witness: "I was crossing the road, when the car stopped at a stop sign drove forward and hit me."
Lawyer: "What's your favourite chocolate bar?"
Relevance
What does it mean if a judge says "Overruled"
The judge disagrees with the objection, and the lawyer objected to can continue with their line of questioning as usual
When would a lawyer say "Objection, agumentative"?
When a lawyer poses a question to the witness that requires them to accept an inference towards a fact presented by the lawyer
When would a lawyer say "Objection, speculation"
When a question asks for the witness to speculate or guess something
In a CROSS examination:
Lawyer: "You play tennis, right?"
Witness: "Yes."
Lawyer: "Tennis balls are made with 50% rubber, right?"
Lacks Foundation
In a CROSS examination:
Lawyer: "You punched him in the face, right?"
Witness: "I didn't mean to kill him!!!"
Non-responsive witness
What do you do if your question is objected to, and the Judge sustains the objection?
Rephrase your question or move on from it entirely.
When would a lawyer say "Objection, Narrative answer"?
When a lawyer asks a witness that calls for a witness to ramble on and on
When would a lawyer say "Objection, non-responsive witness"?
When a witness is not directly answering the question posed to them
In a CROSS Examination:
Lawyer: "You expect this jury to believe that story?"
Argumentative
In a DIRECT examination:
Lawyer: "Describe everything you did on July 9th, 2023."
Narrative Answer
When would a lawyer say "Objection, Hearsay"?
When a witness is testifying to something that was not said directly to them (out of court statement)
When would a lawyer say "Objection, lacks foundation"?
When a lawyer asks a question without first showing that the witness is qualified to answer that question
In a DIRECT examination;
Witness: "I was walking down the street, and I heard Bob say to Dave that he planned on killing Chad"
Hearsay
In a CROSS Examination:
Lawyer: "You were driving under the influence, right?"
Witness: "No, I wasn't."
Lawyer: "You didn't have any drinks beforehand?"
Witness: "No, I didn't."
Lawyer: "So you were completely sober while driving?"
Witness: "Yes."
Asked and Answered