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Government
Laws
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22 Terms
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1
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Relevance
Testimony is irrelevant to the facts of the case
2
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More prejudicial than probative
Question is more of an attack than it provides substaintial evidence and value to the court
3
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Vague and ambiguous
The question is not clear enough for the true answer to be given
4
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Asked and answered
The witness already provided the answer to this question
5
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Compound
Two or more questions asked in the form of one
6
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Mischaracterization of testimony
Council makes it seem like the witness said one thing but really they said another (more common during cross)
7
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Lack of foundation
Testimony or evidence has not been provided to elicit this line of questioning
8
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Unfair extrapolation
Asks for the witness to testify to something not in their statement (deposition)
9
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Improper character testimony
When general personality traits are used to show how a person acted in a specific situation
10
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Improper use of crimes/wrongs
When a crime/wrong is used to prove general personality traits to show how a person acted in a specific situation
11
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Witness lacks personal knowledge
The witness has no personal knowledge that would enable them to answer the question
12
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Speculation
Question calls for the witness to infer what someone else was doing/thinking
13
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Argumentative
Question seeks undue embarassment for the witness and doesn’t do anything to help determine the truth
14
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Calls for a narrative
Asks the witness to narrate a series of events
15
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Leading
Questions suggests an answer to the witness or pushes them towards a yes/no answer
16
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Answer is non-responsive
A witness does not properly answer the question posed to them
17
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Beyond the scope
The question is not allowed in redirect or recross because it addresses a topic not brought up in the previous line of questioning
18
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Council is asking the witness for an opinion
Question asks the witness to provide an opinion on a matter in which they lack personal knowledge
19
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Assumes facts not in evidence
Councils question assumes facts not in evidence or testimony
20
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Hearsay
Evidence or statmentat by a person that is not a witness offered by someone else (witness cannot quote from other witnesses)
21
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Badgering the witness
Opposing council has become hostile with the witness (too aggressive, interrupting the witness excessively, etc)
22
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Improper conclusion of law
Council is calling for the witness to make a conclusion about the law
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