Objections Flashcards
Form of the Question
Leading Question – Used when opposing counsel asks a witness a question that suggests the answer (allowed in cross-examination but not in direct).
Example: “You saw the defendant at the scene, didn’t you?”
Response: “Objection, leading.
Calls for a Narrative
When a question is too broad and allows the witness to go on a long, uncontrolled response.
Example: “Tell us everything that happened that night.”
Response: “Objection, calls for a narrative.
Compound Question
When a question asks for more than one fact at a time.
Example: “Did you see the defendant, and did he have a gun?”
Response: “Objection, compound question
Vague or Ambiguous
When a question is unclear and could be misinterpreted.
Example: “Did you see him do that thing?”
Response: “Objection, vague and ambiguous.
Vague or Ambiguous
When a question is unclear and could be misinterpreted.
Example: “Did you see him do that thing?”
Response: “Objection, vague and ambiguous.”
Relevance
Irrelevant – The question or testimony does not relate to the case.
Example: “What’s your favorite restaurant?”
Response: “Objection, relevance.
More Prejudicial than Probative (Rule 403)
Evidence is unfairly prejudicial, confusing, or misleading.
Example: Showing gruesome crime scene photos unrelated to proving an element of the case.
Response: “Objection, Rule 403, more prejudicial than probative.”
Witness Testimony
Speculation – When a witness guesses instead of testifying from personal knowledge.
Example: “Do you think the defendant was angry when he hit the victim?”
Response: “Objection, speculation.
Witness Testimony
Lack of Personal Knowledge
When a witness testifies about something they did not directly observe.
Example: “The victim told me that the defendant was drunk.”
Response: “Objection, lack of personal know
Witness Testimony
Hearsay – When a witness testifies to an out-of-court statement offered for its truth. (There are many exceptions.)
Example: “My friend told me that the defendant was there.”
Response: “Objection, hearsay.
Witness Testimony
Improper Opinion
When a non-expert witness gives an opinion beyond common knowledge.
Example: “I think the defendant was mentally unstable.”
Response: “Objection, improper lay opinion.”
Witness Testimony
Argumentative – When a lawyer argues with a witness instead of asking a question.
Example: “So you expect the jury to believe that ridiculous story?”
Response: “Objection, argumentative.”
Witness Testimony
Asked and Answered – When the same question is asked multiple times.
Example: “Did you see the defendant?” (Answered) → “Are you sure you saw him?”
Response: “Objection, asked and answered
Witness Testimony
Misstates Evidence/Testimony
When a lawyer misrepresents what a witness said.
Example: Witness: “I saw him leave at 10 p.m.” → Lawyer: “So you saw him leave at midnight?”
Response: “Objection, misstates the testimony.”
Witness Testimony
Calls for a Conclusion
When a lay witness is asked to make a legal determination.
Example: “Was the defendant negligent?”
Response: “Objection, calls for a legal conclusion.
Other Common Objections
Beyond the Scope
When cross-examination goes beyond what was covered in direct examination.
Other Common Objections
Cumulative
When evidence is repetitive and unnecessary.
Other Common Objections
Improper Character Evidence
When past behavior is used to prove action in a specific instance (Rule 404).
Other Common Objections
Foundation Issue
When evidence lacks proper authentication before being introduced.
