Evidence Rules in Legal Proceedings

undefined
 
Rules of Evidence
and Objections
 
Mock Trial Rules
Why have evidence rules?
 
0
Ensure a fair hearing
0
Avoid wasting time/resources
0
Keep out unreliable or prejudicial evidence
 
Leading Questions
 
0
Question suggests the answer that the attorney wants
0
NOT allowed during direct examination
 
Objectionable: “Is it true that you locked the door when
you left the house?”
 
Better: “What did you do, if anything, when you left the
house?”
 
Best: “What did you do next?”
 
Argumentative Questions
 
0
Do not badger, harass, or argue with the witness
 
For a difficult or hostile witness, rephrase your
question or use the impeachment process
 
Objectionable: “Don’t lie to me. You were stupid and
drunk and ran that red light, didn’t you? Didn’t you? You
ran it and didn’t even care.”
 
Speculation
 
0
Question requires the witness to guess
 
Objectionable: “Would the driver have had time to slow
down if he saw the light turn red?”
 
Better: “Where was the driver when the light turned
red?”
 
Narration
 
0
Witness gives more information than necessary
 
Q: “Where do you work?”
Objectionable: “I went to college to be an architect but I
got a job as a business consultant after graduation
because my father knew the owner.  I didn’t like that
very much, so I quit when I met Jessica, who is a real
estate developer and good friend. We decided to go into
business together, using my architectural background to
build and manage apartment buildings.  We call it Cool
Living Designs because...
 
 
Relevance
 
0
Questions and answers must relate to a disputed issue
0
Relevant information adds to the understanding of the
case
 
Objectionable: “What’s your favorite coffee shop in
Seattle?”
 
Hearsay
 
0
Statements made outside the courtroom are generally
NOT allowed
 
Objectionable: “The bartender told me that the driver
had been drinking all night.”
 
Hearsay Exceptions
 
0
Statement made about event when it happened
 
that demonstrates the speaker’s intent, knowledge,
 
or belief
Admissible: “After he got out of the car, the driver said
‘I’m sorry, I didn’t see the light turn red.’”
 
0
Statement made by a party in the case if it goes
 
against his or her side
Admissible: “The next day, the driver told me she had
been texting her boyfriend, so she didn’t see the light.”
 
 
First-hand Knowledge
 
0
Witness must have directly seen, heard, or
experienced something to testify about it
 
Objectionable: “Everyone has been talking about how
the driver ran the red light and caused that accident.”
 
Better: “I saw the light turn red while I was in the
intersection, and the driver was about 100 feet behind
me. A few seconds later I heard a huge crash.”
 
Opinions
 
0
Usually reserved for qualified expert witnesses regarding
scientific, technical, or specialized subjects
0
Rationally based on the witness’s perception and
observations
Objectionable: “The driver was definitely too drunk to drive.”
Better: “She seemed drunk to me because she was slurring
her speech and couldn’t stand up straight.”
0
No opinions on how the case should be decided (Ultimate
Issue)
Objectionable: “Do you think that the driver committed
second-degree murder?”
 
Beyond the Scope of Cross
Examination
 
0
Re-direct limited to topics discussed during cross
examination
0
In a real trial, cross examination is limited by the
topics discussed on direct
 
Beyond the Scope of the
Packet
 
0
Significant or material facts that aren’t in the mock
trial packet cannot be added to testimony
0
Minor details added to get into the role are fine
 
Rules of Evidence Review
 
Is there a violation?
If so, which objection would you make?
 
 
When to Object
 
0
Attorney questioning witness
0
Witness giving answer
0
Attorney admitting evidence
 
How to Object
 
0
Stand up
0
Address the judge
0
State the violation
0
Give a reason for the objection
 
Ex: “Objection, Your Honor, the witness is narrating.
The attorney’s question has already been answered.”
 
Practice Making Objections
 
Introducing Physical Evidence
 
0
Mark for identification
0
Show to opposing counsel
0
Build foundation with witness
Hand to witness
Ask witness if he/she recognizes it
Ask witness to explain/describe evidence
Ask questions about the evidence
0
Admit evidence as an exhibit
 
Impeaching a Witness
 
0
Discredit the witness
0
Show motives for lying
0
Show inconsistency in testimony
Clarify witness’s potentially false answer
Ask witness if he/she recognizes the statement
Ask witness to read the relevant section
Move on with your questions
 
 
 
 
Group Activity
Slide Note
Embed
Share

Evidence rules in legal proceedings serve multiple vital purposes such as ensuring a fair hearing, preventing the waste of time and resources, and excluding unreliable or prejudicial evidence. Various types of questions are discussed, including leading questions, argumentative questions, speculation, narration, relevance, hearsay, and hearsay exceptions with illustrative examples to highlight their importance and implications during trials.

  • Evidence Rules
  • Legal Proceedings
  • Questioning Techniques
  • Hearsay Exceptions
  • Fair Trial

Uploaded on Sep 14, 2024 | 1 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript


  1. Why have evidence rules? 0 Ensure a fair hearing 0 Avoid wasting time/resources 0 Keep out unreliable or prejudicial evidence

  2. Leading Questions 0 Question suggests the answer that the attorney wants 0 NOT allowed during direct examination Objectionable: Is it true that you locked the door when you left the house? Better: What did you do, if anything, when you left the house? Best: What did you do next?

  3. Argumentative Questions 0 Do not badger, harass, or argue with the witness For a difficult or hostile witness, rephrase your question or use the impeachment process Objectionable: Don t lie to me. You were stupid and drunk and ran that red light, didn t you? Didn t you? You ran it and didn t even care.

  4. Speculation 0 Question requires the witness to guess Objectionable: Would the driver have had time to slow down if he saw the light turn red? Better: Where was the driver when the light turned red?

  5. Narration 0 Witness gives more information than necessary Q: Where do you work? Objectionable: I went to college to be an architect but I got a job as a business consultant after graduation because my father knew the owner. I didn t like that very much, so I quit when I met Jessica, who is a real estate developer and good friend. We decided to go into business together, using my architectural background to build and manage apartment buildings. We call it Cool Living Designs because...

  6. Relevance 0 Questions and answers must relate to a disputed issue 0 Relevant information adds to the understanding of the case Objectionable: What s your favorite coffee shop in Seattle?

  7. Hearsay 0 Statements made outside the courtroom are generally NOT allowed Objectionable: The bartender told me that the driver had been drinking all night.

  8. Hearsay Exceptions 0 Statement made about event when it happened that demonstrates the speaker s intent, knowledge, or belief Admissible: After he got out of the car, the driver said I m sorry, I didn t see the light turn red. 0 Statement made by a party in the case if it goes against his or her side Admissible: The next day, the driver told me she had been texting her boyfriend, so she didn t see the light.

  9. First-hand Knowledge 0 Witness must have directly seen, heard, or experienced something to testify about it Objectionable: Everyone has been talking about how the driver ran the red light and caused that accident. Better: I saw the light turn red while I was in the intersection, and the driver was about 100 feet behind me. A few seconds later I heard a huge crash.

  10. Opinions 0 Usually reserved for qualified expert witnesses regarding scientific, technical, or specialized subjects 0 Rationally based on the witness s perception and observations Objectionable: The driver was definitely too drunk to drive. Better: She seemed drunk to me because she was slurring her speech and couldn t stand up straight. 0 No opinions on how the case should be decided (Ultimate Issue) Objectionable: Do you think that the driver committed second-degree murder?

  11. Beyond the Scope of Cross Examination 0 Re-direct limited to topics discussed during cross examination 0 In a real trial, cross examination is limited by the topics discussed on direct

  12. Beyond the Scope of the Packet 0 Significant or material facts that aren t in the mock trial packet cannot be added to testimony 0 Minor details added to get into the role are fine

  13. Rules of Evidence Review Is there a violation? If so, which objection would you make?

  14. When to Object 0 Attorney questioning witness 0 Witness giving answer 0 Attorney admitting evidence

  15. How to Object 0 Stand up 0 Address the judge 0 State the violation 0 Give a reason for the objection Ex: Objection, Your Honor, the witness is narrating. The attorney s question has already been answered.

  16. Practice Making Objections

  17. Introducing Physical Evidence 0 Mark for identification 0 Show to opposing counsel 0 Build foundation with witness Hand to witness Ask witness if he/she recognizes it Ask witness to explain/describe evidence Ask questions about the evidence 0 Admit evidence as an exhibit

  18. Impeaching a Witness 0 Discredit the witness 0 Show motives for lying 0 Show inconsistency in testimony Clarify witness s potentially false answer Ask witness if he/she recognizes the statement Ask witness to read the relevant section Move on with your questions

  19. Group Activity

More Related Content

giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#