Mock Trial Objections

3d

Not Bound by Other Witnesses

Even if Witness A says it was raining, Witness B can say:

"I don't remember rain."

4

Unfair Extrapolation

Fair: "The store was open because it was daytime."

Unfair: "The defendant had a criminal record." (not in materials)

47a

Argumentative

Improper: "So you clearly didn't care about safety, did you?"

Proper: "What safety precautions, if any, did you take?"

47b

Ambiguous

Ambiguous: "When did you see it?"

Clear: "When did you see the defendant enter the building?"

47c

Non-Responsive Answers

Question: "Did you see the defendant?"

Answer: "Well, I was tired that day and the lighting was bad and earlier that week—"

49

Lack of foundation

An attorney shall not ask questions that assumes unproved facts

An expert witness can be asked questions based upon stated assumptions, the truth of which is reasonably supported by the evidence

53a

Objections During Opening/Closing

"If I had been permitted to object during [opening/closing], I would have objected to the opposing team's statement that ______."

53c

Filibustering / Deliberate Time Wasting

"Your Honor, I object to the deliberate time wasting displayed by Witness X..."

402

Relevance

Irrelevant evidence is not admissible.

403

Prejudicial Value Outweighs The Probative Value

Example: Graphic photos that inflame emotions more than inform → excluded

404a

Character Evidence

You can't use character traits to prove someone acted a certain way.

404a2

Exceptions To Character Evidence

Example: Defendant says, "I am peaceful, so I didn't start the fight." Prosecutor may present evidence to challenge that.

Example: Defendant says, "The victim was aggressive." Prosecutor can respond, "Yes, but the defendant is also aggressive."

404b

Other Crimes, Wrongs, or Acts

Prohibited: "He shoplifted last year, so he must have shoplifted now."

Permitted: Showing past fraud schemes to prove a pattern of doing the same type of fraud.

602

Personal Knowledge/Speculation

A witness can only testify about things they actually know or observed.

608

Witness's Character for Truthfulness/Untruthfulness

Witness credibility can be supported or attacked by testimony about their honesty.

609

Impeachment by Criminal Conviction

(Not actual impeachment)

You can attack a witness's credibility using prior convictions with exceptions.

701

Opinion Testimony by Lay Witness

Lay witnesses can give opinions, but only if:

Rationally based on perception - They actually saw, heard, or experienced it.

Helpful to understanding or deciding a fact - It must help the jury.

Not based on specialized knowledge - Cannot give expert opinions.

704

Opinion on Ultimate Issue

Experts can give opinions about ultimate issues.

Exception (criminal cases): Experts cannot say whether the defendant had the mental state required for the crime.

802

Hearsay

Hearsay is not allowed, unless an exception applies.

Hearsay = out-of-court statements offered to prove the truth.

803

Hearsay Exceptions

1. Present Sense Impression: Statement describing something happening right then.

"The car is speeding!"

2. Excited Utterance: Statement made while under stress/excitement of an event.

"Help! He just hit me!"

3. Then-Existing Mental, Emotional, or Physical Condition: Statement about intent, plan, feeling, or health.

"I feel dizzy." "I plan to meet him at 5."