Objections Flashcards
1
Unfair Extrapolation - creation of a material fact that is not in a witnesses record.
2
Relevance - If testimony does not make the outcome of a case more or less likely.
3
Mire Prejudicial Than Probative - If the probative value is significantly outweighed by the probability that the admission creates substantial danger of undue prejudice, confuses the issues, wastes time, or misleads the trier of fact.
4
Laying a Proper Foundation - it must be shown that a person was in a position to know these facts
5
Personal Knowledge/Speculation - Only if a witness has directly observed an event may they testify to it.
6
Opinion Testimony - Any testimony where a witness is not testifying to facts.
It may be based rationally on the five sense. It must also be be needed to have a reasonable understanding of the testimony.
7
Expert Witness
8
Character Evidence - Character evidence is inadmissible if it is being used to show someone’s acting in accordance with character in a certain occasion.
8.1
Defendants Own Character - The defendants may offer character evidence to show that the defendant acted in accordance with their character.
8.2
Victims Character - same as character evidence for victim, exempt from most character evidence rules.
8.3
Witness Character - To show evidence of a character dishonesty.
9
Hearsay - statement made other than by a witnesses while testifying at trial.
9a
Declaration Against Interest - a statement made against a witnesses own economic interests, or puts them at risk of civil or criminal danger.
9b
Excited Utterance - a statement that describes or explains a startling event.
9c
State of Mind - a statement that shows a then existing state of mind. (Including statement of plan, intent, motive, mental state, pain, or bodily health)
9m
Admission by party opponent - any statement made by the defendant being used by the prosecution.
10
Leading questions - Leading questions may not be asked on direct, a leading question is a question that implies the answer.
11
Compound Question - multiple questions joined by and/or.
12
Narrative - if a question is too general or lapses into a story.
13
Argumentative Question - a question that challenges a witnesses to make an inference in the case.
14
Asked and Answered - a question already been answered by a witness.
15
Vague and Ambiguous - question that are not clear and concise.
16
Non-responsive witness
17
Outside the scope of cross - a question in redirect not touched upon in redirect.
