Ways to Keep Evidence Out Flashcards
What is the first way to keep evidence out?
The first way to keep evidence out is the Objection.
What is the second way to keep evidence out?
The second way to keep evidence out is the Motion in Limine.
What is the third way to keep evidence out?
The third way to keep evidence out is the Offer of Proof.
What is the first of the most common objections?
The first of the most common objections is “Asked and answered.”
What is “Asked and answered.”?
“Asked and answered.” is when a question asks the same question multiple times, usually with hopes of getting a different answer.
What is the second of the most common objections?
The second of the most common objections is “Assumes facts not in evidence.”
What is “Assumes facts not in evidence.”?
“Assumes facts not in evidence.” is when a question includes facts not already presented as evidence.
An example would be the question, “How long did it take to drive the 20 miles from the ranch to town” which would be objectionable if nothing in the Record indicates the distance between the Ranch and the Town or that it is 20 miles.
What is the third of the most common objections?
The third of the most common objections is “Argumentative.”
What is “Argumentative.”?
“Argumentative.” is when the questioner tries to contradict the witness or wants more to confront the witness with disbelief than to get a response.
What is the fourth of the most common objections?
The fourth of the most common objections is “Compound.”
What is “Compound.”?
“Compound.” is when a question seeks more than one answer or suggests alternative responses.
An example would be, “Did you telephone or see the decedent after that?”
What is the fifth of the most common objections?
The fifth of the most common objections is “Leading the witness.”
What is “Leading the witness.”?
“Leading the witness.” is when the questioner is essentially telling the witness what to say through their phrasing.
What is the sixth of the most common objections?
The sixth of the most common objections is “Misleading.”
What is “Misleading.”
“Misleading.” is when a question misstates the evidence or misquotes the testimony of a previous witness.
What is the seventh of the most common objections?
The seventh of the most common objections is “Speculation or conjecture.”
What is “Speculation or conjecture.”?
“Speculation or conjecture.” is when questions are asked about what the witness guesses or supposes or expects to be true (e.g., speculating about how somebody else felt if they were not directly told).
What is the eighth of the most common objections?
The eight of the most common objections is “Calls for narrative response.”
What is “Calls for narrative response.”
“Calls for narrative response.” is when questions provide too much latitude in answering (e.g., “Could you tell us everything that happened on…?”).
What is the ninth of the most common objections?
The ninth of the most common objections is “Ambiguous, uncertain, and unintelligible.”
What is “Ambiguous, uncertain, and unintelligible.”?
“Ambiguous, uncertain, and unintelligible.” is when the question asked is too garbled to make sense of.
What is the tenth of the most common objections?
The tenth of the most common objections is “Nonresponsive to the question.”
What is “Nonresponsive to the question.”?
“Nonresponsive to the question.” is when the answers to the questions do not actually answer the question.
What is the eleventh of the most common objections?
The eleventh of the most common objections is “The general objection.”
What is “The general objection.”?
“The general objection.” is used when something is wrong, but there is uncertainty as to what.
What is the Motion in Limine?
Submission of evidence for a ruling on its admissibility before the trial itself.
What is the Offer of Proof?
A submission of evidence to the Record.
How many ways are there to impeach a witness?
There are five ways to impeach a witness.
What is the first way to impeach a witness?
The first way to impeach a witness is to show that the witness has some bias, animus, motivation, or corruption that might lead him to fabricate or shade his testimony to help or hurt one of the parties.
What is the second way to impeach a witness?
The second way to impeach a witness is to show a defect in sensory or mental capacity (perception or memory) that undercuts his testimony.
What is the third way to impeach a witness?
The third way to impeach a witness is to show that he is by disposition untruthful.
What is the first way to impeach a witness by showing that he is by disposition untruthful?
The first way to impeach a witness by showing that he is untruthful is to cross-examine the target witness about nonconviction misconduct casting doubt on his honesty (FRE 608(b)).
What is the second way to impeach a witness by showing that he is by disposition untruthful?
The second way to impeach a witness by showing that he is untruthful by disposition is to cross-examine him about certain kinds of convictions (FRE 609).
What is the third way to impeach a witness by showing that he is by disposition untruthful?
The third way to impeach a witness by showing that he is untruthful by disposition is to get testimony by a character witness that the target witness is untruthful (FRE 608(a)).
What is the fourth way to impeach a witness?
The fourth way to impeach a witness is to show that the witness has made a prior inconsistent statement (meaning one that conflicts with his current testimony).
What is the fifth way to impeach a witness?
The fifth way to impeach a witness is to contradict the witness (e.g., showing that he is just plain wrong on one or another point in his testimony).
What is a definite but nonspecific form of impeachment?
When the trier is told to doubt the witness, but not told what testimony to doubt.
