Objections

Question 1

rule 101: scope

Answer 1

the only rules of evidence in the competition are those included in the rules (if they use rules or evidence that is not in the mock trial rules and evidence.

Question 2

rule 201: relevancy

Answer 2

only relevant testimony and evidence may be presented

Question 3

rule 202: character

Answer 3

evidence about the character of a party or witness may not be introduced unless the person ´ s character is an issue in the case or unless the evidence is being offered to show the truthfulness or untruthfulness of the party or witness

Question 4

rule 203: other crimes, wrongs, or acts

Answer 4

evidence of other crimes, wrongs, or acts is not admissible (cannot be accepted) to prove the character of a person

Question 5

rule 301: form of question (direct)

Answer 5

The witness should be asked direct questions and may not be asked leading questions (yes or no answers) on direct examination

Question 6

rule 304: form of question (cross)

Answer 6

the witness may be asked leading questions when cross examining and direct questions should be avoided

Question 7

rule 306: Impeachment

Answer 7

an attorney may impeach the credibility of a witness in the following way
-a witness may testify as to another witness’s reputation for truthfulness, provided that an adequate foundation is established for the testifying witnesses ability to testify about the other witness reputation

Question 8

rule 308: limit on questions (re-direct)

Answer 8

after cross-examination, up to three, but no more than three questions, may be asked by the attorney conducting the direct examination, but such questions are limited to matters raised by the attorney on cross

Question 9

rule 309: limit on questions (re-cross)

Answer 9

three additional questions, but no more than three, may be asked by the cross-examining attorney, but such questions are limited to matters on re-direct

Question 10

rule 310: Argumentative Questions

Answer 10

questions that are argumentative should be avoided, an argumentative question in a question that challenges the witness about his or her inference from the facts, rather than seeking additional facts

Question 11

rule 311: Compound Questions

Answer 11

questions that are compound in nature should be avoided, a compound question requires the witness to give one answer to a question with two separate inquiries

Question 12

rule 312: Asked and Answered Questions

Answer 12

an attorney may not ask a witness a question that the witness has already answered and the attorney has already asked

Question 13

rule 313: Speculation

Answer 13

questions that ask a witness to speculate about matters not within his personal knowledge

Question 14

rule 401: Hearsay

Answer 14

a statement made out of court is hearsay if the statement is offered for the truth of the fact asserted in the statement, a judge may admit hearsay evidence if it was a prior out-of-court statement made by a party to the case and is being offered against the party

Question 15

rule 402: Admission Of A Party Opponent

Answer 15

(exception to hearsay) a judge may admit hearsay evidence if it was a prior out-of-court statement made by a party to the case that amounts to admission that is against that party’s interest at trial (that out-of-court statement makes a certain statement or fact asserted against that party true)

Question 16

rule 403: State Of Mind

Answer 16

(exception to hearsay) a judge may admit an out-of-court statement of the declarant’s then existing state of mind, emotion, sensation, or physical condition

Question 17

rule 405: Present Sense Impression

Answer 17

(exception to hearsay) a judge may admit an out-of-court statement of a declarant’s statement describing or explaining an event or condition made while the declarant was perceiving the event or condition

Question 18

rule 407: Statements By An Unavailable Declarant

Answer 18

(exception to hearsay) in a civil case, a statement made by a declarant unavailable to give testimony at trial is admissible if a reasonable person in the declarant’s position would have made the statement only if the declarant believed it to be true

Question 19

rule 501: Opinion Testimony By Non-experts

Answer 19

witnesses who are not testifying as experts may give opinions based on what they saw or heard and are helpful in explaining their story, a witness may not testify to any other matter of which the witness has no personal knowledge, nor may a witness give an opinion about how the case should be decided

Question 20

rule 603: “Voir Dire” Of A Witness

Answer 20

when a item of physical evidence is sought to be introduced under a doctrine that normally excluded that type of evidence, or when a witness is offered as an expert, an opponent may interrupt the direct examination to request the judges’s permission to make limited inquiry of the witness, which is called voir dire

Question 21

rule 502: Opinion Testimony By Experts

Answer 21

only persons qualified as experts may give opinions on questions that require special knowledge or qualifications, an expert may be called as a witness to render an opinion based on professional experience, the questioning attorney must bring out the expert’s qualifications, education and/or experience

Question 22

Rule 601: Introduction Of Physical Evidence

Answer 22

physical evidence may be introduced if it is relevant to the case, physical evidence will not be admitted into evidence until it has been identified and shown to be authentic or its identification and/or authenticity have been stipulated to

Question 23

Rule 701: Direct Examination (Invention Of Facts)

Answer 23

the witness is limited to the fact given on direct, if the witness goes beyond the facts given opposing counsel may object

Question 24

Rule 702: Cross-Examination (Invention Of Facts)

Answer 24

questions on cross should not seek to elicit information that is not contained in the fact pattern, if on cross a witness is asked a question/the answer to which is not contained in the witness’s statement or the direct examination/the witness may respond with any answer that does not materially alter the outcome of the trail