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C Block Defense Objections

memorize.ai (lvl 286)

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17 cards

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Section 1

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Expert Witness

Front

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Last updated

6 years ago

Date created

Mar 1, 2020

Cards (17)

Section 1

(17 cards)

Expert Witness

Front

A person who is qualified based on professional background can state their opinions based on personal observations as well as facts made known to them at or before the trial.

Back

Vague and Ambiguous Questions

Front

If a witness cannot understand the question asked by the attorney because it is too vague ("Does it happen all at once?"), counsel can object. Questions must be clear and concise so that the witness can give a clear yes or no answer (with an explanation if necessary).

Back

Hearsay

Front

(Coming soon)

Back

Leading Questions

Front

Attorneys may not ask questions that "hint" towards a certain answer. Questions may not have an obvious answer and may not be biased or one sided.

Back

Argumentative Question

Front

An argumentative question that challenges the witness about an inference from the facts in the case. The cross-examiner is not allowed to harass a witness, become accusatory of a witness or unnecessarily interrupt a witness.

Back

Narrative

Front

A narrative question is one that is too general and non specific and allows for the witness to give a lengthy, sometimes off topic response (a "story") that distracts from the ultimate purpose of the case.

Back

Asked and Answered

Front

Witnesses should not be asked a question that has previously been asked and answered.

Back

Opinion Testimony

Front

Opinion Testimony is inference and subjective statements made by a non expert witness. This testimony is only admissible when it is rational and helpful to a clear understanding

Back

Speculation/Opinion of Lay Witness

Front

Non-expert witnesses cannot make inferences or subjective statements about something unless it is a rational judgment based on the five senses and clarifies the understanding of the testimony.

Back

Outside the Scope of Cross Examination

Front

If a lawyer asks questions on redirect examination that are not related to the issues raised on cross-examination, the opposing counsel has the right to object to them.

Back

Personal Knowledge

Front

A witness has to have seen the event they are testifying on. Personal knowledge must be shown before the testimony.

Back

Creation of Material Fact

Front

If a witness creates a "material fact" not in his or her assigned witness statement. A "material fact" is one that could change the outcome of the case.

Back

Non-Responsive Witness

Front

The witness has a duty to answer all the questions posed by an attorney. When a witness responds vaguely or does not want to respond, counsel may object against the unresponsive witness.

Back

Compound Question

Front

Questions may not be compound, meaning they cannot be joined with "and"/ "or" and may not have more than one answer. If a compound question is proposed, the answer will be compound and harder to dissect.

Back

Relevance

Front

Evidence must have a tendency to make an important fact more or less probable than it would be in absence of the evidence; attorneys can object to questions that call for or testimony that contains evidence that has no bearing on the probability of facts important to the case.

Back

Character Evidence

Front

The defense can use character evidence: For the defendant, if it is based on the defendant's reputation or opinion (but not on conduct in specific instances) in contrast to the crime of which they were accused to prove that they acted according to their character on a specific occasion For the victim, if it is based on the victim's reputation, opinion, or conduct in specific instances to prove that the victim acted according to their character on a specific occasion Both defense and prosecution can use character evidence: For witnesses (other than the defendant), if it is based on the witness' reputation, opinion, or conduct in specific instances to question the witness' honesty and credibility Otherwise, evidence of a witness' traits or personality cannot be used to prove that they acted according to their character on a specific occasion

Back

Laying a Proper Foundation

Front

For a witness to testify they must have the knowledge to have some personal knowledge of the facts or be able to form an opinion. Happens if the lawyer does not demonstrate that the witness is in the area of the crime, knew the accused, etc.

Back