Pg 3

Question 1

What are the two times that a party can claim error on a ruling to admit or exclude evidence? A.k.a. things party must do to preserve a claim of error for appeal

Answer 1

If it effects a substantial right of the party, and:
- the party timely objects or moves to strike and states the specific ground, or
– if the ruling excludes evidence, the party informs the court of its substance through an offer of proof

Question 2

What are ways that you can prevent the jury from hearing things?

Answer 2

Excuse them, the court or counsel can retire to chambers, counsel can approach the bench

Question 3

When the relevance of evidence depends on whether a fact exists, what must happen?

Answer 3

Proof must be introduced to support a finding that the fact does exist

Question 4

Is it possible for a court to admit evidence on condition that proof be given later?

Answer 4

Yes

Question 5

When would you have a hearing to decide if the jury can hear something?

Answer 5

If you’re deciding the admissibility of a confession, if the defendant in a criminal case is a witness and requests it, if justice requires it

Question 6

If a defendant testified on a preliminary question, does that make him subject to cross-examination on other issues?

Answer 6

No. His testimony can’t be used against him as evidence in the case in chief, but it can be used to impeach him if he testifies

Question 7

If a witness testifies on a preliminary matter, is he subject to cross-examination for other things?

Answer 7

No

Question 8

If the relevancy of evidence depends on a preliminary or connecting fact, what has to happen?

Answer 8

There needs to be a prima facie showing of its existence as a prerequisite to admit the evidence

Question 9

Who decides if tying up or connecting up is permitted?

Answer 9

The judge has discretion to allow connecting facts

Question 10

If a party gets evidence admitted on the promise that he will connect it up, and fails to do that, what happens?

Answer 10

That evidence is excluded on a motion to strike

Question 11

How does the court decide whether or not to allow a party to connect up evidence later?

Answer 11

It weighs the potential for prejudice from the jury hearing the evidence versus the waste of time and the jury’s hatred for being excluded

Question 12

What is a limiting instruction?

Answer 12

A court can instruct the jury to limit its use of evidence to a certain scope or purpose. This happens when evidence is admissible to one party for one purpose, but not the other or for another purpose

Question 13

What is the negative of asking for a limiting instruction?

Answer 13

It can emphasize the damaging evidence

Question 14

Can a court give a limiting instruction on its own initiative?

Answer 14

Yes

Question 15

What does a court consider in deciding whether to allow admission of evidence but to use a limiting instruction?

Answer 15

The potential harm from the jury considering evidence for a limited purpose against the potential effectiveness of the limiting instruction. If the probative value is substantially outweighed by a danger of unfair prejudice, confusion of the issues, or misleading the jury, the evidence will not be admitted

Question 16

What is the FRE 403 exclusion?

Answer 16

A court will exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence

Question 17

What is a motion in limine?

Answer 17

When a party seeks a ruling about the admissibility of evidence in advance of its introduction

Question 18

What is the point of a motion in limine?

Answer 18

Advance planning of trial strategy

Question 19

When do you make a motion in limine?

Answer 19

Usually during pre-trial, but it can be at trial before presentation of evidence

Question 20

What is the standard that a court uses to determine whether to grant a motion in limine?

Answer 20

It is reviewed in light of the facts and circumstances before the court at the time of ruling

Question 21

If a party knows before trial that the other side will try to introduce very damaging evidence, what can the party try to do?

Answer 21

Can file a motion in limine to preclude the evidence from being introduced

Question 22

What is an offer of proof?

Answer 22

In a situation where relevance isn’t readily apparent, so the other party objected to the evidence, an offer proof can be done outside the hearing of the jury where the attorney will explain to the judge the relevance

Question 23

What is the basic goal of an attorney during a trial relating to objections?

Answer 23

To make sure that evidence that is favourable to the attorney’s side gets admitted, to anticipate what will help the other side and try to keep it out, to create a record that will protect his client’s position on appeal

Question 24

If the attorney does not object to something at trial, what does that mean?

Answer 24

That any objection would be deemed waived on appeal

Question 25

What does sua sponte mean?

Answer 25

The court has discretion to object/act and its own motion

Question 26

What are the four major rules for objections?

Answer 26

– must be done in a timely manner
– must object on specific grounds
– the grounds stated must be proper
– must object succinctly

Question 27

What does it mean for an objection to be made in a timely manner?

Answer 27

The attorney shouldn’t wait until the witness gives his answer before the attorney objects

Question 28

What does it mean for an objection to be made on specific grounds?

Answer 28

The attorney must state the grounds that he’s objecting on. Ie: “objection, relevance“ or “calls for speculation“

Question 29

Why is it essential that the grounds for objection is proper?

Answer 29

The judge only considers the grounds that the attorney raises, so you must get it right

Question 30

Is it possible to raise several grounds for objection at once?

Answer 30

Yes, as long as they apply

Question 31

What does it mean to object succinctly?

Answer 31

Don’t explain more than is needed, state the grounds for the objection without explaining the reasoning or the basis

Question 32

If you explain all of the reasoning for an objection, what is that called?

Answer 32

A speaking objection

Question 33

What is the problem with a speaking objection?

Answer 33

It can unfairly telegraph messages to the jury or coach the witness about how to answer

Question 34

Is it permissible to give a tiny explanation for the basis of an objection if it isn’t immediately clear?

Answer 34

Yes

Question 35

What are the different ways you can respond to an objection?

Answer 35

– argue that the objection is not well taken
– offer to withdraw the question or rephrase
– make an offer of proof
– ask the judge for permission to be heard
– clarify the ruling

Question 36

What does it mean to respond to an objection by arguing that the objection was not well taken?

Answer 36

You try to persuade the judge to overrule the objection