Guess the Objection
Attorney: “Do you think Avery Bancroft was a good father?”
What is Relevance?
This rule clarifies that deposition testimony by Hopson and Nathanson is not subject to AMTA Rules 7.21 and 7.17, and inventions based on them must not contradict stipulations.
What is "Special Instruction 6"?
The rule number for hearsay definition
What is rule 801?
Who hears Bancroft say, "People need to pay for their choices"?
Kirby Doolittle!
NEVER say this to a judge.
What is "Thank you, Your Honor."
A non-expert witness offers an opinion on a matter that requires technical or specialized knowledge.
What is "Improper Lay Opinion" (Rule 701)?
Guess the case law: “Emails or text messages are properly authenticated… if they appear to come from a number or address known to belong to that person.”
What is "Ginger v. Heisman (2015)"?
Which rule allows hearsay within hearsay if each part meets an exception?
What is "Rule 805: Hearsay Within Hearsay"?
Who says "Bancroft will soon get what's coming to him."
Hillary Edmund
Guess the procedure: This is said after a sustained objection, to make sure the offending testimony does not remain on the record.
What is "move to strike"/"motion to strike"
The "how to get away with murder" search in Hopson's search history.
What is "More Prejudicial than Probative" (Misleading the jury)?
Guess the case law: (Regarding reliability under 702.c) "These factors, while relevant, are not necessarily dispositive. For example, lack of publication does not automatically foreclose admission; sometimes well-grounded but innovative theories will not have been published. There is no definitive checklist. Judges must make such assessments based on the totality of the circumstances."
What is "Tarot Readers Association of Midlands v. Merrell Dow"?
A business record is offered as evidence, but no custodian or certification is presented. What hearsay rule do you object under?
Rule 803(6): No Proper Foundation for Business Record Exception
Which of the following witnesses hears Hopson say "You Know what we do with rats."
Harley Kim
During cross-examination, the defense attorney objects to a question as argumentative. The plaintiff’s attorney turns directly to opposing counsel and says, “That's not argumentative. Pee pee poo poo.”
What did the plaintiff's attorney do wrong?
What is “They improperly addressed opposing counsel instead of the judge”?
Please don't say "pee pee poo poo" in court.
The attorney introduces evidence of the defendant's prior bad acts to show they have a tendency to commit the same kind of crime.
What is "Improper Character Evidence" (Rule 404)
This case states that evidence of a third-party’s bad character (used to argue someone else committed the act) is not automatically inadmissible and must be evaluated by weighing probative value and prejudice.
What is Krent v. Lions, Inc. (2009)?
Name at least 4 exceptions under Rule 803
Possible responses (but not limited to):
(1) Present Sense Impression
(2) Excited Utterance
(3) Then Existing Mental/Emotional/Physical Condition
(4) Medical Diagnosis/Treatment
(5) Regularly Conducted Business Activity
Who hears Hopson say, "It's time for Plan M
Plaintiff Kelly Doos
Go through the steps of entering an exhibit when NO permission is needed (7 steps).
1) Would you recognize a copy of this ___ if it was presented to you in court today?
2) Let the record reflect that I am approaching opposing counsel with Exhibit X and the witness. *Hand over to witness*
3) Would Your Honor like a courtesy copy? *Hand copy*
4) (To witness) Do you recognize this document?
5) Is it a fair and accurate copy?
6) Has it been changed or altered in any way?
7) The Plaintiff/Defense moves to enter Exhibit X into evidence.
The attorney asks an expert to testify about a defendant’s intent to commit the crime.
What is "Rule 704(b): Opinion on Mental State in Criminal Case"?
This case holds that a decedent’s statements are not covered by 801(d)(2) in a Slayer Statute case, while this stipulation allows parties to determine which witnesses are "unavailable" under Rule 804 during Captains’ Meeting.
What are Rogers v. Mars (2020) and Stipulation 34?
During trial, the prosecution attempts to admit a statement made by a now-deceased witness. The statement was made during a prior hearing under oath, where the defense had a chance to cross-examine the witness. The defense objects, claiming hearsay. The court overrules the objection and admits the statement.
You must explain:
(1) Why this is not hearsay under Rule 804, and
(2) What two conditions must be satisfied for this exception to apply.
What is "Former Testimony under Rule 804(b)(1)"?
Because the declarant is unavailable due to death, and
(1) the statement was made under oath at a prior proceeding, and
(2) the opposing party had an opportunity and similar motive to cross-examine the witness.
Who hears Taylor say, "Don't worry, I'm in a better place" after Bancroft died?
Bailey Connel
Go through the steps of Impeachment by omission (12 steps).
1) Repeat the question. Ex: “You were at Scher’s Tool and Craft, weren’t you?”
2) “Has that always been your testimony?”
3) “Do you recall giving a sworn statement prior to this trial?”
4) “Given under oath, correct?”
5) “And in this statement you were told to include any and all relevant information?”
6) “You were told you could update this statement at any point in time, correct?”
7) “You would recognize a copy of your affidavit if I were to show it to you today, right?”
8) “Permission to approach opposing counsel and the witness in turn with the witness’s affidavit for purposes of impeachment?”
9) “This is your affidavit?”
10) “This is your signature at the end, right?”
11) “Now nowhere in this statement does it include the information you just testified to, does it?”
12) “Today in trial is the first time we are hearing ______, isn’t it?”