Mock Trial Rules of Evidence

Relevancy

____________ Is the testimony important to the case
Evidence MUST
(a) make a fact more or less probable than it would be without the evidence; and
(b) be of consequence in determining the verdict.

Leading Question

Getting the witness to say what you want instead of telling their story. You were angry that night, weren't you?

Improper Character Testimony

Testimony that does not establish that a person or organization has engaged in a habit or routine practice on many occasions.

Hearsay

Defined as any evidence of a spoken or heard statement attributed to someone who is not the witness testifying

Improper Opinion Testimony

occurs when a lay witness offers expert testimony

Competency to be a Witness/
Lack of Personal Knowledge

Witness doesn't have information about the particular issue. Evidence to prove personal knowledge may consist of the witness's own testimony.

Argumentative/Badgering

Opposing attorney argues or seems to be presenting an argument in the guise of a question

Speculation

Guessing about something

Lack of Foundation

Questions don't provide information in small steps that make sense or build on the ideas correctly

Asked and Answered

Witness has already testified about this

Non-responsive

Witness seems to be evading the answer

Narration

Witness is going beyond the question asked

Arguing Fact Not In Evidence

Counsel on closing brings up information that didn't get in during the trial

Crimes or Other Acts

Evidence of a person's character or character trait is not admissible to prove that on a particular
occasion the person acted in accordance with the character or character trait.

Impeach a Witness

Any party, including the party that called the witness, may attack the witness's credibility.
That is, an attorney may ask questions to show that the witness is lying or lied on a prior occasion

Witness statement

Writing Used to Refresh a Witness's Memory
Witness's Prior Statement

Compound question

A question that is actually composed of two separate questions. Didn't you go to the movies and didn't you bring your gun with you?

Prosecution (Burden of Proof)

beyond a reasonable doubt

Defense (Burden of Proof)

To extradite guilt beyond the defendant or madness

Terrorism

Acts of violence designed to promote a specific ideology or agenda by creating panic among an enemy population

First Degree Murder

killing that is premeditated, deliberate, and done with malice

Criminal Kidnapping

Involves unlawfully seizing a person with the intent to hold the person against their will.

Conspiracy to Commit a Crime

When one or more persons plans or threatens to commit any illegal act and takes action toward those threats

Plaintiff (Burden of Proof)

Based on the preponderance of the evidence