Objections Flashcards
Evidence is irrelevant if it doesn’t make a fact that a party is trying to prove part of the claim or defense more or less probable credit without ever
relevance objection
A court may exclude relevant evidence if it’s probative value is substantially outweigh by unfair prejudice. By its nature, all relevant evidence is prejudicial to one side. This rule generally applies to evidence and not only hurts your case, but is not relevant enough to be let in.
more prejudicial than probative
A number of rules govern whether it is appropriate to introduce affirmative or rebuttal evidence about the character of a witness, and the notice required to introduce such evidence. This objection is made when improper character evidence has been given as testimony in court
improper character evidence
action is main one council asked a question without first establishing that the witness has a basis to answer it. This most frequently occurs when the examining attorney is going to quickly and not ask me preliminary questions that demonstrate the witnesses familiar with the facts. Witness testified to a matter, only if sufficient evidence is introduced to support a finding that witness has personal knowledge of the matter.
Lacks foundation
In Maryland Mock Trial, the initial cross examination is not limited to the content of the direct examination. All subsequent examinations (beginning with redirect) must fall within the scope of the prior examination.
Beyond the Scope
This objection is made when counsel starts arguing with the witness, badgering a witness, or becoming overly aggressive. This objection is made by an attorney to protect a witness during cross examination.
Form of question-leading
This objection is made when counsel asks a compound question. A compound question asks multiple things.
Form of question-compound
This objection is made when either a witness begins telling a narrative as part of their answer, or counsel’s question calls for a narrative. It is admissible for a witness to testify about what happened, but they must do so in response to a question. this objection prevents long winded witness answers.
Form of question-narration
This objection is made when counsel starts arguing with the witness, badgering a witness, or becoming overly aggressive. This objection is made by an attorney to protect a witness during cross examination.
Form of question-argumentative
This objection is made when a witness does not answer the question being asked by the attorney. This objection can help an attorney corral the witness and get a straight answer to questions the witness may be trying to avoid. Be careful to avoid making this objection when the witness simply gives a different answer than what was expected or desired.
Unresponsive
This objection is made when counsel has asked a question and received an answer, and asks the same question again. If an answer is given, a new question must be asked. Counsel can ask a question multiple times if the witness is not giving a full answer, is being uncooperative or unresponsive.
Asked and answered
An out-of-court statement (including a statement by the witness on the stand) may not be used to prove the truth of the matter asserted. That said, there are many exceptions to the hearsay rule.
Hearsay
Provides for exceptions to the hearsay rule in instances when the evidence is technically hearsay rule in instances when the evidence is technically hearsay, but circumstances would suggest that it will be reliable, including, for example:
- Excited Utterance: A statement relating to a startling event or condition, made while the declarant was under the stress if excitement that it caused.
- Recorded Recollection: A record that is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately; was made or adopted by the witness when the matter was fresh I the witness’ memory; and accurately reflects the witness’ knowledge
Hearsay exceptions
What is lack of personal knowledge/speculation?
Many teams refer to testifying to an assumption or fact w/o personal knowledge as “speculation”. Whenever proper foundation has not been laid under this rule or others for testimony, “lack of foundation” is also a proper objection.