Mock Trial Objections

Opinion Testimony (Testimony from Non-Experts)

Definition: A non-expert witness is giving an opinion instead of stating facts they personally observed.

Example: 'Objection, Your Honor. Improper lay witness opinion,' or 'Objection, Your Honor. The question calls for speculation on the part of the witness.'

Expert Opinion

Definition: An expert is giving an opinion without sufficient evidence or proper support.

Example: 'Objection, Your Honor. There is a lack of foundation for this opinion testimony,' or 'Objection, Your Honor. Improper opinion.'

Character Evidence

Definition: Someone is using a person's character or past behavior to suggest they acted a certain way in this case.

Example: 'Objection, Your Honor. Inadmissible character evidence,' or 'Objection, Your Honor. The question calls for inadmissible character evidence.'

Hearsay

Definition: A witness is repeating something someone else said outside court to prove that it is true.

Example: 'Objection, Your Honor. Counsel’s question calls for hearsay,' or 'Objection, Your Honor. This testimony is hearsay. I move that it be stricken from the record.'

Leading Question

Definition: A question suggests the answer the lawyer wants the witness to give.

Example: 'Objection, Your Honor. Counsel is leading the witness.'

Compound Question

Definition: A question combines two or more questions into one.

Example: 'Objection, Your Honor. This is a compound question.'

Narrative

Definition: A question encourages the witness to give a long, unfocused story instead of a specific answer.

Example: 'Objection, Your Honor. Counsel’s question calls for a narrative,' or 'Objection, Your Honor. The witness has lapsed into a narrative answer.'

Argumentative Question

Definition: A lawyer argues with or pressures the witness rather than asking a genuine question.

Example: 'Objection, Your Honor. Counsel is being argumentative,' or 'Objection, Your Honor. Counsel is badgering the witness.'

Asked and Answered

Definition: A lawyer repeats a question that has already been answered.

Example: 'Objection, Your Honor. This question has been asked and answered.'

Vague and Ambiguous

Definition: A question is unclear or confusing, making it difficult for the witness to understand what is being asked.

Example: 'Objection, Your Honor. This question is vague and ambiguous as to __________.'

Non-Responsive

Definition: A witness does not directly answer the question asked.

Example: 'Objection, Your Honor. The witness is being non-responsive.'

Outside Scope of Cross-examination

Definition: A lawyer asks questions that go beyond the permitted subject matter of cross-examination.

Example: 'Objection, Your Honor. Counsel is asking the witness about matters beyond the scope of cross-examination.'

Unreasonable Running of Time

Definition: A witness deliberately takes too long to answer or wastes time to delay the trial.

Example: 'Objection, Your Honor. The witness is unreasonably running time.'

Unfair Extrapolation

Definition: A question goes beyond what the available facts or evidence can reasonably establish.

Example: 'Objection, Your Honor. This question is an unfair extrapolation,' or 'This information is beyond the scope of the statement of facts.'

Relevance

Definition: Evidence or testimony has no meaningful connection to the case.

Example: 'Objection, Your Honor. This testimony is not relevant,' or 'Objection, Your Honor. Counsel’s question calls for irrelevant testimony.'

More Prejudicial Than Probative

Definition: Evidence may unfairly influence the jury more than it helps prove something important.

Example: 'Objection, Your Honor. The probative value of this evidence is substantially outweighed by the danger of undue prejudice (or confusing the issues, wasting time, or misleading the trier of fact).'

Foundation

Definition: Evidence is presented without enough background or explanation to establish its reliability or admissibility.

Example: 'Objection, Your Honor. There is a lack of foundation.'

Personal Knowledge / Speculation

Definition: A witness is guessing or answering something they do not personally know.

Example: 'Objection, Your Honor. The witness has no personal knowledge to answer that question,' or 'Objection, Your Honor, speculation.'

Opinion Testimony (Non-Experts)

Definition: A non-expert witness is giving an opinion instead of stating facts they personally observed.

Example: 'Objection, Your Honor. Improper lay witness opinion,' or 'Objection, Your Honor. The question calls for speculation on the part of the witness.'

Expert Opinion

Definition: An expert is giving an opinion without sufficient evidence or proper support.

Example: 'Objection, Your Honor. There is a lack of foundation for this opinion testimony,' or 'Objection, Your Honor. Improper opinion.'

Character Evidence

Definition: Someone is using a person's character or past behavior to suggest they acted a certain way in this case.

Example: 'Objection, Your Honor. Inadmissible character evidence,' or 'Objection, Your Honor. The question calls for inadmissible character evidence.'

Hearsay

Definition: A witness is repeating something someone else said outside court to prove that it is true.

Example: 'Objection, Your Honor. Counsel’s question calls for hearsay,' or 'Objection, Your Honor. This testimony is hearsay. I move that it be stricken from the record.'

Leading Question

Definition: A question suggests the answer the lawyer wants the witness to give. Example: 'Objection, Your Honor. Counsel is leading the witness.'

Compound Question

Definition: A question combines two or more questions into one.

Example: 'Objection, Your Honor. This is a compound question.'

Narrative

Definition: A question encourages the witness to give a long, unfocused story instead of a specific answer.

Example: 'Objection, Your Honor. Counsel’s question calls for a narrative,' or 'Objection, Your Honor. The witness has lapsed into a narrative answer.'

Argumentative Question

Definition: A lawyer argues with or pressures the witness rather than asking a genuine question.

Example: 'Objection, Your Honor. Counsel is being argumentative,' or 'Objection, Your Honor. Counsel is badgering the witness.'

Asked and Answered

Definition: A lawyer repeats a question that has already been answered.

Example: 'Objection, Your Honor. This question has been asked and answered.'

Vague and Ambiguous

Definition: A question is unclear or confusing, making it difficult for the witness to understand what is being asked.

Example: 'Objection, Your Honor. This question is vague and ambiguous as to _________.'

Non-Responsive

Definition: A witness does not directly answer the question asked.

Example: 'Objection, Your Honor. The witness is being non-responsive.'

Outside Scope of Cross-Examination

Definition: A lawyer asks questions that go beyond the permitted subject matter of cross-examination.

Example: 'Objection, Your Honor. Counsel is asking the witness about matters beyond the scope of cross-examination.'

Unreasonable Running of Time

Definition: A witness deliberately takes too long to answer or wastes time to delay the trial.

Example: 'Objection, Your Honor. The witness is unreasonably running time.'