unfair extrapolation
witness creates a material fact not included in their official record
relevance
when the question (or its potential answer) has nothing to do with the trial or has no value of being asked
more prejudicial than probative
the value of the evidence as proof of fact is outweighed by the bias it creates
lacks foundation
evidence without establishing that the witness was in a position to know these facts
speculation
when a witness testifies about matter when they have no personal knowledge
opinion testimony
inferences and other subjective statements from a non-expert witness.
expert witness
a person with established knowledge of a specific area, who then may give an opinion based on this knowledge
character evidence
evidence of a person's personality traits or tendencies, offered to prove that a person acted in accordance with these traits
character evidence exceptions
Defendant’s own character (defense only), Victim’s character (defense only), Witness’ character (credibility), Habit to prove a specific behavior, Proving motive, intent, knowledge, identity, mistake
hearsay
an out of court statement
leading question
a question phrased in such a way as to suggest the desired answer; a lawyer may ask leading questions on cross-examination
compound question
a question that joins two alternatives with "and" or “or”
narrative
a question that is too general and calls for the witness to tell a story
argumentative
a question that challenges the witness about the evidence given, or a tone that is accusatory or harassing
asked and answered
when an attorney asks a question that has previously been answered
vague and ambiguous
a question that is not clear, understandable, or concise
non-responsive
when a witness does not answer the question, either by saying nothing, or by giving an off topic answer
outside the scope of cross examination
in redirect, when the attorney asks a question beyond the issues raised in cross-examination