objections

Question 1

scope

Answer 1

101: these rules are the only ones usable in the comp.

Question 2

relevancy

Answer 2

201: only relevant evidence may be used, evidence that makes the facts more or less likely

Question 3

character

Answer 3

202: evidence about someones character can’t be used unless a person’s character is an issue in case, or its being offered to show un/truthfulness of party

Question 4

other crimes, wrongs, and acts

Answer 4

203: evidence of other crimes/acts/wrongdoings is not admissible to prove character, can be used for other things

Question 5

(direct) form of question

Answer 5

301: witnesses may be asked direct questions

Question 6

refreshing recollection

Answer 6

303: attorney can show witness affidavit to refresh memory

Question 7

scope of witness examin.

Answer 7

direct may cover facts relevant that witness had first hand knowledge of, content subject to cross examin.

Question 8

(cross) form of question

Answer 8

witnesses may be asked leading questions

Question 9

(cross) scope of witness examin.

Answer 9

attorneys can only ask about matters relating to credibility of witness or contents of direct examin.

Question 10

impeachment

Answer 10

306:attack credibility of witness

Question 11

ways to impeach

Answer 11

-witness may testify against attack provided that their ability to testify against attacked is proved solid
-ask attack about other statements they made contradictory to one impeached on
-ask questions demonstrating attacked bias against or for a party

Question 12

(re-direct) limit on questions

Answer 12

308: only ask 3 questions about contents of the cross before hand

Question 13

(re-cross) limit on questions

Answer 13

309: only 3 questions about contents on re-direct, no repetition

Question 14

argumentative

Answer 14

310: can’t ask questions that challenges witness inference of facts

Question 15

compound

Answer 15

311: can’t asks questions that contains multiple questions

Question 16

asked and answered

Answer 16

312: can’t ask questions witness has already been asked

Question 17

speculation

Answer 17

313: can’t ask witness to speculate about matters not within their knowledge

Question 18

hearsay

Answer 18

401: out of court statement offered for the truth of the matter asserted in statement

Question 19

admission of party opponent

Answer 19

402: judge may admit hearsay if statement was made by opposing party to the case

Question 20

state of mind

Answer 20

403: judge may admit statement of declarent’s then existing state of mind/emotion/sensation/physical condition

Question 21

business report

Answer 21

404: judge may admit document concerning an event/act if made near/at said event and it was kept in regular course of business

Question 22

present sense impression

Answer 22

405: judge may admit DECLARANT’S OUT OF COURT STATEMENT that declarant made while they were receiving event

Question 23

statements made by a unavailable declarant

Answer 23

407: statement made by declarant unavailable in trail is admissible if reasonable person would have made it, and declarant believed it to be true

Question 24

opinion testimony by non-experts

Answer 24

501: non-expert witness may give opinions based on what they saw or heard and are helpful in explaining story

Question 25

opinion testimony by experts

Answer 25

502: only expert witness may give opinions on questions that require special knowledge, must qualify witness to be expert first

Question 26

procedure for introducing evidence (in order from 1st to last)

Answer 26

have exhibits marked for identification, ask witnesses to identify the exhibit, ask witness questions about the exhibit+establish its relevance, offer exhibits into evidence, show to counsel+judge

Question 27

voir dire of witness

Answer 27

rule 603: when an item of physical evidence is being introduced under some type of exception or witness is offered as expert, opponent can interrupt+ ask 3 questions to make limited inquiry of witness

Question 28

invention of facts (direct)

Answer 28

701: on direct, witness limited to facts given. if facts made up, opponents can object or witness can be impeached

Question 29

invention of facts (cross)

Answer 29

702: questions asked on cross cannot seek to elicit info not in fact pattern. if asked question where answer is not in witnesses statements or direct, witnesses may give answer that doesn't materially alter the outcome of trail

Question 30

motion to strike

Answer 30

805: if on cross the inquiring attorney objects to all or part of the answer given by the witness+objection is sustained, attorney may request the judge to strike all or part of answer

Question 31

direct evidence

Answer 31

proof that directly proves a fact w/ out inquiring or inference. ex) eyewitness testimony, confession, exhibit,

Question 32

circumstantial evidence

Answer 32

indirect evidence that leads to a reasonable inference of that fact, used to build cases ex) defendants fingerprints at scene b/c it proves they were there but not that they did it