Pg 4

Question 1

What is involved in making an offer of proof?

Answer 1

The attorney tells the judge what he expects the evidence to be if he is permitted to admit it. This is usually done as a sidebar outside of the hearing of the jury

Question 2

If a party that an objection was levied against doesn’t get the opportunity to respond to the objection before the judge rules, what can they do?

Answer 2

They can ask the judge for permission to be heard

Question 3

What does it mean for an attorney to respond to an objection by asking to clarify the ruling?

Answer 3

If a judge doesn’t clearly make a ruling, an attorney can ask for this to record on the appeal. I.e.: “just to clarify, is the objection overruled?“

Question 4

What are the 13 different types of objections?

Answer 4

– form of the question
– leading questions
– calls for narrative
– asked and answered
– assumes facts not in evidence
– question mistakes the evidence
– argumentative
– compound
– vague
– lacks foundation
– speculative
– beyond the scope
– nonresponsive

Question 5

What is involved in a form of the question objection?

Answer 5

This addresses the wording or format of a question if it would confuse or mislead the witness or the jury, waste time, or result in injustice

Question 6

What is a leading question?

Answer 6

A question that suggests the answer

Question 7

What’s the problem with using leading questions?

Answer 7

Basically they allow the attorney to testify

Question 8

What are some examples of leading questions?

Answer 8

“Isn’t it a fact that…“, “Tell us whether or not…”, “Did B push you down for no reason?“

Question 9

What are the four different ways that a question can be leading?

Answer 9

– form
– detail or suggestiveness
– extent of particularity of the question
– assumes facts that are not yet in evidence

Question 10

What is an example of a leading question based on its form?

Answer 10

“Didn’t he…“

Question 11

How is a question leading based on its detail or suggestiveness?

Answer 11

Emphasis on certain words, tone, or nonverbal conduct to suggest a certain answer

Question 12

How is a question leading based on the extent of particularity in the question?

Answer 12

Describes the incident in detail and asks if it happened, or one branch of the question is concrete and the other is vague to suggest that the person should choose the more detailed one

Question 13

What is an example of a question that is leading because of the extent of particularity in the question?

Answer 13

“Was the scream fearful and horrified, or something else?”

Question 14

What is the best way to determine if a question is leading?

Answer 14

Generally if it has a yes or no answer it is probably leading, but not always. If an ordinary person would get the impression that the questioner wants one answer over another it is leading

Question 15

Are you permitted to lead your own witness on direct?

Answer 15

No

Question 16

Is it leading to ask a witness if their name is Helen?

Answer 16

While it does point the witness in a certain direction, this is considered a gray area since it doesn’t deal with a substantive issue to the case

Question 17

Non-leading questions are generally what?

Answer 17

Open-ended and do not suggest the answer

Question 18

Would the following question be considered leading or non-leading? “Describe the weather conditions at the time of the accident.“

Answer 18

Non leading because it is open ended

Question 19

What are the eight exceptions for when a leading question is acceptable?

Answer 19

HIS ICEES

1. hostile witness
2. undisputed preliminary or inconsequential matters
3. if the witness struggles to communicate using open-ended questions
4. if the witness’ recollection has been exhausted
5. if the witness is being impeached
6. if the witness is frightened or nervous
7. expert witnesses
8. on cross examination

Question 20

Why are leading questions acceptable to be used for undisputed or inconsequential matters?

Answer 20

Because there’s no controversy that exists, so it is harmless and saves time

Question 21

When is a witness considered to be hostile?

Answer 21

If he answers obstinately, antagonistically, or is uncooperative. Generally this happens when the witness is aligned with the interest of an adverse party

Question 22

What are some reasons that a witness may struggle to communicate using open ended questions?

Answer 22

Because of age, mental impairment, disability, nerves.

Question 23

Why is it permissible to use leading questions on an expert witness?

Answer 23

Courts say that it’s impossible to lead an expert witness

Question 24

Why are leading questions permissible for cross examination?

Answer 24

Because it’s expected that the witness will be hostile

Question 25

What is involved in the objection “Calls for narrative?“

Answer 25

The question is too open ended and invites the witness to give a monologue. This makes it so that the opposing party has no notice of what the witness will say

Question 26

What is involved in the objection “asked and answered?“

Answer 26

The same question has been asked and answered by the same attorney with the same witness

Question 27

Is it permissible on direct examination for an attorney to ask the same question again just for emphasis? I.e.: “tell everyone again how much that hurt when he hit you.“

Answer 27

No, that would fall under the “asked and answered“ objection

Question 28

Is it permissible for an attorney who doesn’t like the answer he got from a witness on cross-examination to ask the question again hoping to get a new answer?

Answer 28

No, that falls under the “asked and answered“ objection

Question 29

What are the exceptions to the “asked and answered” objection?

Answer 29

- If the question was asked but not answered, it can be asked again. - It has to be the same attorney and the same witness. - If new facts were admitted since the last time the attorney asked the question that would warrant changing the answer, the attorney can ask again

Question 30

What is an example of a question that would necessitate the objection “assumes facts not in evidence?“

Answer 30

“When did you stop beating your wife?“ This assumes one fact while trying to establish another. It implies he beats his wife, and if nothing in evidence says he did, that misleads the jury

Question 31

What is involved in the objection “question mistates the evidence?“

Answer 31

The question says something wrong. For example if it asked “who broke in once it was dark?“ And the burglary happened in the daylight

Question 32

What is involved in an argumentative objection?

Answer 32

Attorney is just trying to characterize the fact or draw conclusion to make a point, not to elicit new facts. He doesn’t really care if the witness answers or not

Question 33

What is an example of an argumentative objection?

Answer 33

“You really expected her to buy that story?“