Law words Flashcards
Relevance
According to Rule 403 of the Federal Rules of Evidence, the court may exclude evidence, even if relevant, if its probative value is outweighed by the potential for unfair prejudice or other harms to the jury process. Accordingly, the judge must weigh these considerations when ruling on a relevance objection.
Leading question
putting words in the witnesses’ mouth
Compound question
when a question contains multiple inquiries
Argumentative (badgering the witness)
A question can be objected to as being argumentative when it does not seek new information, but instead seeks to have the witness agree with an inference or conclusion
Asked and answered
This objection is raised when an attorney asks a question that has already been asked and sufficiently answered. The goal of the objection is to prevent attorneys from asking the same question in different ways to elicit a different response.
Vague
When a question is unclear or lacks specificity, you can object on the grounds of it being vague. A vague question makes it difficult for the witness to provide a meaningful answer. Sometimes this objection is phrased as “ambiguous” or “vague and ambiguous.”
Speculation
“Calls for speculation” is an appropriate objection to a question that requires the witness to guess or speculate on an issue where they do not possess direct knowledge.
(can also be used if a witness is speculating)
Hearsay
objection to evidence that relies on secondhand information—such as what the witness heard someone else say
Privilege
You can object to any question that seeks information protected by a form of privilege, such as the attorney-client privilege. Since maintaining privilege is one of the ethical duties of a lawyer, these objections are usually sustained.
Violation of best evidence rule
The best evidence rule applies when a party seeks to admit a writing, recording, or photograph into evidence. The rule provides that unless the original is unobtainable, the party must use the original item. You can object to evidence that doesn’t follow the best evidence rule.