Objection Definitions and when to use them

Question 1

Unfair Extrapolation

Answer 1

Something mentioned that isn’t part of their witness statement
ex: Karter Lucky talking about the security cameras

Question 2

Fair extrapolation (not an objection but when not to call UE)

Answer 2

It can be inferred through a witness statement.
Ex: “John went to the Grocery store” is in the witness statement and the witness says “I went to the store to buy cereal and milk”. It can be inferred that John went to buy groceries and it does not impact the case.

Question 3

Relevance

Answer 3

Evidence is relevant if it can make a fact important to the case

Question 4

More Prejudicial than Probative

Answer 4

Court can exclude relevant evidence if probative value is outweighed by the probability that it’s admission creates undue prejudice, confuses issues, wastes time, misleads the judge
ex: that one attorney that said some wack to Franks I think that like confused everyone

Question 5

Lack of foundation

Answer 5

must be shown that the witness is in a position to speak upon facts

Question 6

Personal Knowledge/Speculation

Answer 6

Witness can’t testify to any matter that they have no personal knowledge about
ex: a witness sees a victim at the bottom of the stairs and the defendant at the top and during trial says that the defendant pushed the victim down the stairs, even though he did not see the event

Question 7

Opinion testimony (Testimony from Non-experts)

Answer 7

Inadmissible when witness is not testifying to facts. Admissible when rationally based on witness. admissible if they have personal knowledge and proper foundation

Question 8

Expert witness

Answer 8

Qualified if they have special knowledge, skill, experience, training, education. Expert cannot state opinion wether defendant had the mental state at issue

Question 9

Character evidence

Answer 9

traits and tendencies. Character evidence inadmissible when used to prove that a person acted in accordance with his/her character trait

Question 10

Hearsay

Answer 10

Person who is testifying to another persons statement is offering the statement to prove its true
Ex: “Ellen told me the Joe killed Henry” used to prove Joe killed Henry = HEARSAY

Question 11

Leading questions

Answer 11

NOT ACCEPTABLE IN DIRECTS. A question that suggests the answer desired.
Ex: “During the conversation on March 8, didn’t the defendant make a threatening gesture?”

Question 12

Compound Question

Answer 12

Joins two alternatives with “and” or “or”.

Question 13

Narrative

Answer 13

Calls for the witness to tell a story or give broad, unspecific response. Long narratives

Question 14

Argumentative Question

Answer 14

Challenges witness about an inference from facts in the case. Cx may not harass, accuse, unnecessarily interrupt, make unnecessary comments to a witness

Question 15

Asked and answered

Answer 15

Witnesses should not be asked a question that has previously been asked and answered. Even if it was mentioned on dx, you cant bring it up on Cx

Question 16

Vague and Ambiguous questions

Answer 16

Questions need to be clear and understandable. When witness can not answer questions properly if they don’t understand it, OBJECT

Question 17

Non-responsive witness

Answer 17

Witnesses reply is vague or the witness purposely does not answer the attorneys question
Ex: Billie Scher from Scrimmage

Question 18

Outside the scope of Cross Examination

Answer 18

Redirect is limited to issues brought up by Cx. You can not bring up anything that they did not mention