Mock Trial Study Sheet: Common Objections

A collection of vocabulary flashcards related to common objections in mock trials, covering general objections, witness objections, form objections, and the concept of hearsay.

Relevance (Rule 401)

Is it connected to the case at all?

More Prejudicial than Probative (Rule 403)

When the usefulness of evidence is outweighed by unfair prejudice, misleading the jury, or wasting time.

Character Evidence (Rule 405)

You can’t use what someone did in the past to prove they did (or didn’t do) something again.

Lack of Personal Knowledge (Rule 602)

A witness can’t testify to something they didn’t personally see, hear, or feel.

Speculation (Rule 603)

A witness cannot guess or put themselves in the mindset of another.

Improper Expert Testimony (Rule 702) (what do you need to prove?

Before saying someone is an expert, you must lay the foundation that :

• The expert’s knowledge will help understand evidence / help determine a fact

  • show their qualifications

• The testimony is based on sufficient facts or data

• The testimony is the product of reliable principles and methods

• The expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

Leading

No close-ended questions on direct examination.

Compound

Two questions in one (often joined by 'and').

Narrative

The witness is giving a long, nonresponsive story.

Lack of Foundation

The attorney hasn’t established enough context or steps before asking the question.

Hearsay

An out-of-court statement made to prove the truth of the matter asserted.

Non-Hearsay (Rule 801)

party opponents statements, statements used to impeach a witness, and statements not being used for the truth of the matter, asserted like statements offered to show effect on listener or state of mind.

Exceptions to hearsay(rule 803)

• 803.1: present sense impression :: a statement about an event said immediately after or while the event is still happening

• 803.2: Excited utterance:: very similar to present sense impression except it is specific to a startling event and it is said while still under the stress of the event

• 803.3: then existing condition:: if the statement is about a motive, intent, or plan, emotional, or sensory condition ( ie mental state)

• 803.4: medical diagnosis or treatment:: a statement made for medical diagnosis or treatment and describes medical history

• 803.5 : records of regularly conducted activity :: if that record is a regular practice of that activity

Why do we give objections? What can you use to do so?

• to stop certain information from being written on the record

• To correct form

• Or to interrupt opposing council’s flow

• You can use Midlands rules of evidence, relevant case law, stipulations or motions

Argumentative 

when counsel begins arguing with a witness, badgering a witness or becoming overly aggressive.
(Made to protect witness during cross)

Asked and Answered

Lay witness opinion 

Rule 701 : when lay witnesses (witnesses who are not qualified as experts and do not personally experience) testify with personal inferences and subjective statements.
opinion testimony is only admissible when it is based on perceptions/observations made with the witness's five sense, and is helpful to clearer understanding of the witness's testimony.

Vague and ambiguous question/answer

when the question asked or answer given is vague and ambiguous in nature. this objection can be used to help a witness answer a confusing question, or help an attorney get a more precise response.