Substance and Personal Knowledge

Question 1

Not related to the disputed issue in the case

Answer 1

Relevance

Question 2

Attorney must establish necessary information before the witness can testify. Example: the witness was in a position to see or hear what is being asked. Called “laying a foundation.” Objections can be made to improper testimony if the foundation is not properly laid

Answer 2

Foundation

Question 3

Witness must have personal knowledge of what he or she is testifying about. Objections can be made if a witness lacks personal knowledge of the events they are testifying about

Answer 3

Personal Knowledge

Question 4

Lay witnesses (ordinary people who testify based on personal knowledge and experience) cannot give opinion testimony unless it is rationally based on perception or helpful to understanding their testimony. Lay witnesses opinions are limited to observation and perception.

Answer 4

Opinion Testimony of Lay Witness

Question 5

Witness cannot testify about someone else’s character unless it is at issue in the case

Answer 5

Character evidence

Question 6

Out of court statement being offered for the truth

Answer 6

Hearsay

Question 7

Witness creates a material fact not included in the official record

Answer 7

Creating a Material Fact

Question 8

When a witness who is qualified as an expert has not been properly qualified to give testimony in a particular area of expertise

Answer 8

Objection, Foundation for Expert Testimony

Question 9

When a witness is testifying about a statement made by another person, which can lead to hearsay issues

Answer 9

Objection, Witness Testifies

Question 10

When a lay witness is providing an opinion that is not based on their personal knowledge or experience

Answer 10

Objection, Witness Opinion