Objections

Question 1

objection must be…

Answer 1

timely

Question 2

when to object

Answer 2

before the answer, as soon you realize it is objectionable, when the document is used or offered

Question 3

what to do/say

Answer 3

stand up and say, “Objection” and state the rule (relevancy, hearsay) and grounds if necessary

Question 4

When to argue

Answer 4

give other side a chance to respond first, if court looks back, then give argument

Question 5

3 objection categories

Answer 5

unique to mock trial, procedural related to civil procedure, substantive evidentiary

Question 6

unique to MT: witnesses are…

Answer 6

bound by their statements

Question 7

unfair extrapolation

Answer 7

if a witness is asked a q not in statement, ans must be consistent w/ statement and may not affect any substantive issue (testimony) of case

Question 8

witnesses are NOT

Answer 8

permitted to use notes while testifying

Question 9

Prosecution/ plaintiff did NOT

Answer 9

reserve an advanced time for rebuttal

Question 10

closing arguments, prosecution/plaintiff MUST

Answer 10

ask before start to reserve any unused time for rebuttal

Question 11

objections NOT allowed

Answer 11

during opening statement/closing argument

Question 12

deviation from MT rules…

Answer 12

can be objected to

Question 13

Common Procedural Objections: Argumentative Question

Answer 13

attorney shall not ask argumentative question
EX: “You aren’t as smart as you think you are, are you?”

Question 14

Lack of Proper foundation

Answer 14

attorneys lay proper foundation prior to moving admission of evidence

Question 15

Lack of Proper Foundation correction

Answer 15

usually by asking witness further questions

Question 16

assumes facts not in evidence

Answer 16

attorneys can’t ask question that assumes unproven facts

Question 17

question calls for narrative

Answer 17

questions must call for specific answer (cannot be too broad)

Question 18

non-responsive answer

Answer 18

witness’s answer fails to respond to the question; the witness talks on and on unnecessarily

Question 19

repetition

Answer 19

questions designed to elicit same testimony or evidence

Question 20

leading question on direct examination

Answer 20

question provoking a specific yes or no answer