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Evidence: Just the Rules > Objections > Flashcards

Flashcards in Objections Deck (16):
1

Form of the Question (17)

Irrelevant
Leading
Argumentative
Vague
Assumes fact(s) not in evidence
Asked and answered
Lack of foundation
Calls for hearsay
Compound
Calls for speculation
Calls for a conclusion
Calls for a narrative
Cumulative
Badgering
Outside the scope of direct/ cross examination
Misstates the evidence
Privileged

2

Form of the Answer (4)

Non-responsive
No personal knowledge
No question pending
Narrative

3

Irrelevant

- Doesn't apply to the matter at hand, has nothing to do with what we're talking about.

- They don't work very often because as long as there is a sliver of relevance, it'll count.

4

Leading

- When you ask a question that has the answer in the question.

- Typically a yes or no question.

- CANNOT do this on direct CAN do this on cross. (Idea is that it's a hostile witness, and you have to lead them to get the answer you want.)

5

Argumentative

- Getting up in a witness's face; being rude

- Be a normal, sober, respectful person - don't be an ass.

6

Vague

Where you ask a question that can be answered correctly in multiple ways because you haven't cleaned up the question enough for them to answer it the way you want them to.

7

Assumes fact(s) not in evidence

- You haven't laid a foundation to ask that question yet.

8

Asked and answered

- Asking a question a second and third and fourth time when it's already been answered.

- You don't get to ask the question again if they gave you an answer you don't like.

9

(Lack of) foundation

- No support that you're an expert in the field of the question.

- Can't ask unless you've established that the witness knows what they're talking about.

10

(Calls for) hearsay

- When someone is about to testify with hearsay (out of court statement)

- "He told me..." or "she said...." or "I was told..."

11

Compound

- Where you ask two questions in one.

12

(Calls for) speculation

- Witness can't know what someone is thinking, what someone's intent was...

- Trigger for answer: "Well I think.." or "I assume..."

13

Calls for a Legal Conclusion

- When the witnesses use legal conclusions or jargon.

14

(Calls for) Narrative

When the witness could talk until they die in order to answer a question.

- Ex: "Tell us what you did on Saturday, November 5th."

15

Cumulative

- Kind of like "asked and answered"

- When you keep asking the question

16

Outside the scope of direct/cross

- Not in the scope of what we're talking about in the cross examination.

- Where you go outside where the direct has taken you.