Wednesday, December 23, 2009

List of possible reasons to object in a courtroom?

Can people just fire out valid reasons to object in a courtroom like so...





Objection - hearsay





Best answer = the most options.


Thanks!List of possible reasons to object in a courtroom?
Proper reasons for objecting to a question asked of a witness include:


Ambiguous, confusing, misleading, vague, unintelligible: the question is not clear and precise enough for the witness to properly answer


Arguing the law: counsel is instructing the jury on the law.


Argumentative: the question makes an argument rather than asking a question


Asked and answered: the question has been asked and answered before


Asks the jury to prejudge the evidence: the jury cannot promise to vote a certain way, even if certain facts are proved.


Asking a question which is not related to an intelligent exercise of a peremptory challenge or challenge for cause: if opposing counsel asks such a question during voir dire.


Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown


Badgering: counsel is antagonizing the witness in order to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness.


Best evidence rule: requires that the original source of evidence is required if available; for example, rather than asking a witness about the contents of a document, the actual document should be entered into evidence


Beyond the scope: A question asked during cross-examination has to be within the scope of direct, and so on.


Calls for a conclusion: the question asks for an opinion rather than facts


Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts


Compound question: multiple questions asked together


Hearsay: the witness does not know the answer personally but heard it from another


Incompetent: the witness is not qualified to answer the question


Inflammatory: the question is intended to cause prejudice


Leading question (Direct examination only): the question suggests the answer to the witness. Leading questions are permitted if the attorney conducting the examination has received permission to treat the witness as a hostile witness. Leading questions are also permitted on cross-examination, as witnesses called by the opposing party are presumed hostile.


Narrative: the question asks the witness to relate a story rather than state specific facts


Privilege: the witness may be protected by law from answering the question


Irrelevant or immaterial: the question is not about the issues in the trial


Proper reasons for objecting to material evidence include:


Lack of foundation: the evidence lacks testimony as to its authenticity or source


Proper reasons for objecting to a witness's answer include:


Narrative: the witness is relating a story in response to a question that didn't ask for a story


Non-responsive: the witness did not answer the question; the answer would be stricken from the record


Nothing pending: the witness continues to speak on matters irrelevant to the question.List of possible reasons to object in a courtroom?
Beyond the scope of direct


Irrelevant


Lack of Foundation


Highly prejudical


Vague


Asked and answered


Leading


Cumulative


Unresponsive answer


Statement of opinion


Beyond the scope of witness' expertise


Argumentative


Assumes facts not in evidence


Calls for speculation


Calls for a conclusion

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