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Trial Proced. 2
| Question | Answer |
|---|---|
| Impeachment | its purpose is simply to show the jury that this witness cannot be believed; among other reasons this lack of credibility may be because the witness has an interest in the outcome of the case, is biased/prejudiced, has made prior inconsistent statements, |
| Exhibit | can be anything, other than testimony, that can be perceived by the senses and, if relevant, be introduced by either attorney when presenting his/her party's case or during cross-examination |
| Authenticated | the attorney must establish that the exhibit is in fact what it purports to be |
| Overruled | when a judge disagrees with an objection and does not allow it |
| Leading Questions | questions are ones which contain information and suggest the desired answer to the witness |
| Improper Conclusion | a deduction drawn from a fact or series of facts; in general, witnesses can only testify to facts; conclusions, based on these facts, are for the jury to make |
| Asked and Answered/Repetitive | questions and answers previously elicited from and given by the same party should not be constantly repeated |
| Speculation | any question which asks a witness to speculate or guess is improper |
| Argumentative | Used during opening statement; it is improper to argue your case to the jury before any facts have been placed into evidence |
| Beyond Scope of Direct Examination | Cross-Examinations should be limited to the subject matter of the direct examination and matter affecting the credibility of the witness; redirect examinations, in turn, should be limited to matters raised during cross examination |
| Giving Personal Opinion | it is improper for counsel to inject his/her personal opinion, beliefs, and attitude into the case at any time |
| Redirect Examination | the purpose of this is to explain or further develop matters that were raised during the cross-examination |
| Publish The Exit | this involves making the jury aware of the exhibit; the exhibit can be shown to the jury, read to them in whole or in part, or in some other way conveyed to make them aware of it through their physical senses |
| Sustained | when a judge agrees with an objection and allows it |
| Material/Relevancy | evidence is material if it has some logical bearing on an issue in the case; each allegation to be admitted is an issue; many jurisdictions have combined relevancy and materiality; however, relevancy theoretically includes the prejudicial nature of a piec |
| Hearsay | a statement other than one made by the declarent while testifying, offered into evidence to prove the truth of the matter asserted |
| Hostile/Adverse Witness | one who does not wish to cooperate with the lawyer |
| Improper Opinion | generally proper only in those areas in which specialized knowledge will assist in the understanding of the facts and when the witness has been qualified as an expert; judges vary greatly on how much opinion they will allow a lay witness to give |
| Facts Not in Evidence | used in closing arguments; it is improper to argue facts that have never been placed into evidence; however, objections during closing arguments are rare; there must be a very valid reason |
| Compound/Double Question | this type of objection is one that brings up two separate facts within a single question |
| Divider Method | under this method each part of the trial receives a separate labeled file divider which has all papers pertinent to that phase of the trial |
| Trial Notebook Method | under this method all necessary materials for each part of the trial are placed in a three (3) ring binder (notebook) in appropriately tabbed sections |
Created by:
silmab