Ways to Keep Evidence Out

Question 1

What is the first way to keep evidence out?

Answer 1

The first way to keep evidence out is the Objection.

Question 2

What is the second way to keep evidence out?

Answer 2

The second way to keep evidence out is the Motion in Limine.

Question 3

What is the third way to keep evidence out?

Answer 3

The third way to keep evidence out is the Offer of Proof.

Question 4

What is the first of the most common objections?

Answer 4

The first of the most common objections is “Asked and answered.”

Question 5

What is “Asked and answered.”?

Answer 5

“Asked and answered.” is when a question asks the same question multiple times, usually with hopes of getting a different answer.

Question 6

What is the second of the most common objections?

Answer 6

The second of the most common objections is “Assumes facts not in evidence.”

Question 7

What is “Assumes facts not in evidence.”?

Answer 7

“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.

Question 8

What is the third of the most common objections?

Answer 8

The third of the most common objections is “Argumentative.”

Question 9

What is “Argumentative.”?

Answer 9

“Argumentative.” is when the questioner tries to contradict the witness or wants more to confront the witness with disbelief than to get a response.

Question 10

What is the fourth of the most common objections?

Answer 10

The fourth of the most common objections is “Compound.”

Question 11

What is “Compound.”?

Answer 11

“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?”

Question 12

What is the fifth of the most common objections?

Answer 12

The fifth of the most common objections is “Leading the witness.”

Question 13

What is “Leading the witness.”?

Answer 13

“Leading the witness.” is when the questioner is essentially telling the witness what to say through their phrasing.

Question 14

What is the sixth of the most common objections?

Answer 14

The sixth of the most common objections is “Misleading.”

Question 15

What is “Misleading.”

Answer 15

“Misleading.” is when a question misstates the evidence or misquotes the testimony of a previous witness.

Question 16

What is the seventh of the most common objections?

Answer 16

The seventh of the most common objections is “Speculation or conjecture.”

Question 17

What is “Speculation or conjecture.”?

Answer 17

“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).

Question 18

What is the eighth of the most common objections?

Answer 18

The eight of the most common objections is “Calls for narrative response.”

Question 19

What is “Calls for narrative response.”

Answer 19

“Calls for narrative response.” is when questions provide too much latitude in answering (e.g., “Could you tell us everything that happened on…?”).

Question 20

What is the ninth of the most common objections?

Answer 20

The ninth of the most common objections is “Ambiguous, uncertain, and unintelligible.”

Question 21

What is “Ambiguous, uncertain, and unintelligible.”?

Answer 21

“Ambiguous, uncertain, and unintelligible.” is when the question asked is too garbled to make sense of.

Question 22

What is the tenth of the most common objections?

Answer 22

The tenth of the most common objections is “Nonresponsive to the question.”

Question 23

What is “Nonresponsive to the question.”?

Answer 23

“Nonresponsive to the question.” is when the answers to the questions do not actually answer the question.

Question 24

What is the eleventh of the most common objections?

Answer 24

The eleventh of the most common objections is “The general objection.”

Question 25

What is “The general objection.”?

Answer 25

“The general objection.” is used when something is wrong, but there is uncertainty as to what.

Question 26

What is the Motion in Limine?

Answer 26

Submission of evidence for a ruling on its admissibility before the trial itself.

Question 27

What is the Offer of Proof?

Answer 27

A submission of evidence to the Record.

Question 28

How many ways are there to impeach a witness?

Answer 28

There are five ways to impeach a witness.

Question 29

What is the first way to impeach a witness?

Answer 29

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.

Question 30

What is the second way to impeach a witness?

Answer 30

The second way to impeach a witness is to show a defect in sensory or mental capacity (perception or memory) that undercuts his testimony.

Question 31

What is the third way to impeach a witness?

Answer 31

The third way to impeach a witness is to show that he is by disposition untruthful.

Question 32

What is the first way to impeach a witness by showing that he is by disposition untruthful?

Answer 32

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)).

Question 33

What is the second way to impeach a witness by showing that he is by disposition untruthful?

Answer 33

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).

Question 34

What is the third way to impeach a witness by showing that he is by disposition untruthful?

Answer 34

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)).

Question 35

What is the fourth way to impeach a witness?

Answer 35

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).

Question 36

What is the fifth way to impeach a witness?

Answer 36

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).

Question 37

What is a definite but nonspecific form of impeachment?

Answer 37

When the trier is told to doubt the witness, but not told what testimony to doubt.