模拟法庭的材料

OBJECTIONS

Objections are made when the other side has violated one of the Rules of Evidence. The objection should be made as soon as the question is asked by the other attorney and before the witness answers. If it is not possible to make your objection before the answer is given because it is the answer that is objectionable, object to the answer anyway.

When you make an objection, the judge will ask for the reason for the objection. The other side has a chance to say why you are wrong and why the evidence should be allowed. The judge will allow the objecting attorney to make a counterpoint, then he/she will rule on the objection. If the judge says “sustained”, your objection and the reason for it were correct and the witness will not be allowed to answer. If the judge says “overruled”, your objection or the reason for it was wrong and the witness will be allowed to answer.

COMMON OBJECTONS DURING A CRIMINAL TRIAL

Objection How to Phrase the Objection Explanation

Argumentative Objection, your honor. Argumentative…When the purpose of the question is to persuade the trier of fact rather than to elicit information. Questions that call for an argument in answer to an argument contained in the question. Questions that call for no new facts, but only ask the witness to agree to conclusions drawn by the questioner. NOTE: The court, in its discretion, can allow argumentative questions on cross-examination.

Asked and Answered Objection, your honor. The question has

been asked and answered.

This objection is a form of the immateriality

objection in that it attempts to prevent a waste

of time by unnecessary repetition and to avoid

giving evidence undue emphasis.

Ambiguous Objection, your honor. The question is

ambiguous…

Questions that are equivocal, uncertain;

capable of being understood in two or more

possible senses.

Badgering the witness Objection, your honor. The counsel is

badgering the witness.

Used when the attorney is deliberately

interrupting the witness in order to not let the

witness finish his/her answer, or when the

attorney is unnecessarily hostile to, combative

with or harassing a witness

Compound Question Objection, your honor. Compound

question.

The compound question confuses the jury

because it will be uncertain as to whether the

answer is to one of the compound parts or to

both parts.

Counsel is testifying Objection, your honor. The counsel is

testifying.

When the attorney is testifying instead of asking

the witness anything.

Incompetent Objection, your honor. The witness is

incompetent to testify on this matter

since he/she is not an expert witness.

When a lay witness is asked to testify on a

matter that requires expertise.

Objection, your honor. Lack of personal

knowledge…

When the witness is asked to testify on

something he/she cannot possibly know.

Inflammatory Objection, your honor. Inflammatory…When the question is used to cause prejudice against the witness

Irrelevant Objection, your honor. The question is

irrelevant…

Evidence which influences the issues, having

probative value in proving a fact; that which

tends to render probable a certain inference

important in the case is relevant. Any evidence,

which does not perform these functions, is

irrelevant. All evidence must be relevant.

Leading Questions Objection, your honor. Leading.

A question that suggests the answer is leading.

Leading questions are only permissible during

cross-examination and cannot be asked during

direct examination.

Misquoting a Witness Objection, your honor. The counsel is

misquoting the witness. What the

witness stated was . . . .

When the attorney is misquoting a witness in

the attempt to discredit the witness or causing

confusion.

Narrative Answer Objection, your honor. Narrative.This objection is in the nature of an “irrelevance” objection in that a question inviting a narrative answer or that is too broad, general, or indefinite allows the witness to inject irrelevant and otherwise inadmissible matter (such as incompetent evidence where no proper foundation has been laid). Each question should limit the witness to a specific answer.

Opinions on the ultimate issue Objection, your honor. This question

calls for the opinion on the ultimate

issue.

In criminal cases, witnesses, including experts,

cannot have opinions on the guilt or innocence

of the defendant. This is a matter for the judge

or jury to decide.

Opinion Testimony Objection, your honor. Calls for an

opinion/ a conclusion.

Usually only expert witnesses may render their

opinions; lay witnesses must testify only

regarding their observations and cannot give

their opinion or conclusion.

Speculation Objection, your honor. Calls for

speculation…

A witness may testify to facts based on his or

her own personal knowledge or, in some

instances, the witness may give an opinion. The

witness may not base an answer, in any event,

on speculation.

Hearsay Objection, your honor. Hearsay.Hearsay is testimony as to what someone said, other than while testifying in court (an extra-judicial statement), offered as proof of the truth of the matter asserted. As a general rule, hearsay statements are not admissible unless the statement is within one of the recognized exceptions.

Beyond the scope of case package Objection, your honor. The question

contains/asks for information that is

beyond the case package.

When the question is based on or asked the

witness to base his/her answer on information

that is not included in the case package.