Form of the Question Objections Flashcards
Leading Question
A question suggests the answer in the body of the question.
Not allowed on direct examination. We want the story to come from the witnesses mouth.
Calls for a Narrative
Question too open ended - so broad that it doesn’t give the witness any direction of how to answer
example: tell us what happened the day you were injured?
Irrelevant
asking something that has nothing to do with the case
asked and answered
on direct- lawyer attempts to get witness to repeat something that beenfits the case
cross- lawyer doesn’t like the answer he gets so asks the question again
-allowed when the question is foundational or when there is conflicting evidence
Assumes facts not in evidence
Question assumes a fact that has not been established by evidence/stipulation
example: When did you stop beating your wife- no evidence that he ever beat his wife
Argumentative
attacks a witness without trying to discover a fact
example: you expect the jury to believe…
Compound Question
Tries to establish two or more facts in one question
example: did you see the defendant hit and kick the victim
Vague and Ambiguous
The question is too vage or ambiguous for the witness to answer
Lacks Foundation
has not established personal knowledge on the subject
must know how they know the fact before you ask
Impermissible Opinion/Speculation
Asks a question the witness couldn’t possibly know
Beyond the scope
No new subject matter that was on cross that was not in direct
credibility is always within the scope
redirect cannot go beyond the scope of what was asked in cross
Non-Responsive
Objection to Answer
Witness fails to answer the question
-examining party may strike answer
if on direct W starts talking about something that wasnt asked
