objections
btl.kragz
3 years ago
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files (1)FGCU-MockTrialObjectionsPart21.pptx
FGCU-MockTrialObjectionsPart21.pptx
Mock Trial
Objections
Fall 2023
Schedule and Assignments
11/27 – Present Direct Examinations and Objections
12/4 – Objections
12/11 – Final Exam Week No Class
OBJECTION!
Objections used raise and dispute evidence
If objection is correct: Judge Sustains
If objection is incorrect: Judge Overrules
Rules of Objecting
Consider whether you want to raise an objection.
Stand Up
Object and state grounds for objection
Only direct the court not opposing counsel
Wait for judge to respond
Nonsubtantive Objections – Form of the Question
Leading questions on direct
Compound questions
Vague
Argumentative
Narratives
Asked and Answered
Assumes facts not in evidence
Substantive Objections
Hearsay
Irrelevant
Unfair prejudice
Improper Character Evidence
Speculation or lack of personal knowledge (asking a witness to guess)
Improper lay opinion
Lack of foundation
HEARSAY
Verbal or written out of court statements that are being offered for the truth of the matter asserted.
NOT Hearsay:
A witnesses own prior statement if it was given under oath and is inconsistent to trial testimony.
EXCEPTIONS TO HEARSAY
Present sense impression
Excited Utterance
Sate of Mind
Past Recollection Recorded
Business Records
Prior Testimony
Dying Declaration
Statement against interest
Catch-all = any statement that probative value outweighs prejudice
Schedule and Assignments
11/27 – Present Direct Examinations and Objections
12/4 – Objections
12/11 – Final Exam Week No Class
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