Scenarios
"My mom told me that she saw Joe punch an old lady last Saturday."
(Joe is being charged with assault)
Hearsay
On direct examination:
"Isn't it true that you were at the bank on the morning of July 7th?"
Leading
The combination of multiple questions into what seems to be a single question asked.
Compound Question
The court may exclude relevant evidence if its probative value is substantially outweighed by ______. There are many possible answers. List one.
Unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, needlessly presenting cumulative evidence, or unfair extrapolation.
"Chris shouldn't have gone to the party last Friday. It was a disaster."
Testimony was made by Chris' friend.
Opinion by a Lay Witness
In a murder trial:
"Mr. Coogan, what did you have for breakfast that morning?"
Relevance
A question that suggests to the witness the answer desired by the examiner, and often suggests a “yes” or “no” answer.
Leading Question
A witness may testify to a matter only if evidence is introduced establishing that the witness has ________ of the matter.
Personal knowledge
"Amanda is the sweetest person! She always donates to charity and she is super nice to the preschoolers she taught."
Character Evidence
"Dr. Jeffrey, (an expert in medicine), can you tell the jury whether or not you believe the defendant committed the murder?"
Opinion on the Ultimate Issue
An out of court statement made by someone who is not a witness in this case offered for the truth of a fact.
Hearsay
Evidence is ________ if it has any tendency to make a fact more or less probable than it would be without the evidence.
Relevant
"The defendant ran away from the scene. Maybe she was scared the cops would catch her."
Speculation
Q: You are seventeen years old, correct?
A: My birthday party was last week!
Non-Responsive
No witness may give an opinion about how the case should be decided.
Opinion on the Ultimate Issue
If a witness is not testifying as an expert, testimony in the form of a(n) ________ is limited to one that is rationally based on the witness’s perception.
Opinion
In a case in which the defendant is being accused of robbing a bank:
"The defendant cheated on his wife twelve years ago."
There are multiple answers- list as many as you can.
More Prejudicial Than Probative AND Prior Crimes, Wrongs, or Other Acts
Q: Where was the defendant on Sunday, October 17th?
A: Her sister saw her at the ice cream parlor.
There are multiple answers- list as many as you can.
Hearsay AND Lack of Personal Knowledge
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
Hearsay Exception: Excited Utterance
No witness, whether expert or lay, may give an opinion about the ________ of the case.
Ultimate issue