Mock Trial

Question 1

Narrative

Answer 1

Rule 104; this question calls for a narrative answer

Question 2

Relevance

Answer 2

Rule 402, this question is not relevant to the case at hand

Question 3

Character Evidence

Answer 3

Rule 404’ Evidence or a persons character or a trait of a character is not admissible to prove conduct; evidence of prior crimes is not admissible to prove character, but may be used to show proof of motive, intent, plan, knowledge, identity, or preparation.

Question 4

Methods of proving character

Answer 4

Rule 405, Repetitive actions to prove character, but can be asked on cross if relevant

Question 5

Habit, Routine Practice

Answer 5

Rule 406, Evidence of habit of a person or routine practice of an organization is relevant to prove that the conduct is typical of that person or organization.

Question 6

Subsequent Remedial Measures

Answer 6

Rule 407, Not admissible to prove
negligence when action taken after injury would have made the
injury less likely to occur

Question 7

Character

Answer 7

Rule 608, The character of this witness is not relevant to this case

Question 8

Lack of Personal

Answer 8

Rule 602, The witness lacks the personal knowledge necessary to answer the question.

Question 9

Lack of Professional knowledge

Answer 9

Rule 702, The witness lacks the professional knowledge necessary to answer the question.

Question 10

Beyond the Scope

Answer 10

Rule 611b, Counsel’s question goes beyond the scope of the affidavit (or my redirect).

Question 11

Leading

Answer 11

Rule 611c, the counsel is leading the witness (Counter: I am merely laying foundation)

Question 12

The cross CAN exceed the scope of direct

Answer 12

Rule 611d, The cross is allowed to exceed the scope of the direct

Question 13

Opinion on Ultimate Issue

Answer 13

704b, May not state opinion on guilt, mental state, or ultimate issue (Some leeway for expert witnesses)

Question 14

Hearsay

Answer 14

Rule 801, This question calls for hearsay, The witness is testifying to hearsay.

Question 15

Hearsay exceptions

Answer 15

Rule 803, This is not hearsay because it falls under the _____ exception of the rule:
Present sense impression, Excited utterance, state of mind, purpose of medical diagnostics, Recorded recollection, Business records, Dying declaration, and statement against interest.

Question 16

Argumentative/Badgering

Answer 16

Rule 1101, counsel is being argumentative

Question 17

Harassing

Answer 17

Rule 103, Counsel is harassing the witness

Question 18

Asked and Answered

Answer 18

Rule 1102, The question has been asked and answered

Question 19

Assumes facts not in evidence

Answer 19

Rule 1103, This question may not include something as a fact that has not been shown to exist

Question 20

Lack of Foundation

Answer 20

Rule 1104, counsel has failed to lay proper foundation for this question

Question 21

Speculation

Answer 21

Rule 1105, This question calls for speculation

Question 22

Unresponsive

Answer 22

Rule 1106, The witness is being unresponsive to my question.

Question 23

Unfair Extrapolation

Answer 23

Rule 1107, The witness may not invent facts affecting the outcome of the trial on direct (redirect) examination.