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Objections Objections

Objections - PowerPoint Presentation

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Objections - PPT Presentation

Criminal law unit 3 OBJECTIONS   An objection is a formal protest raised in court during a trial to disallow a witnesss testimony or other evidence which would be in violation of the rules of evidence or other procedural law ID: 463912

question objections evidence witness objections question witness evidence legal common objection relevant vehicles leading judge answer answered questions asks prove testimony dispute

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Slide1

Objections

Criminal law – unit #3Slide2

OBJECTIONS

 

An

objection:is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law. Slide3

OBJECTIONS

An objection is typically raised:

after the opposing party asks a question of the witness, but before the witness can answer, or

when the opposing party is about to enter something into evidence. Slide4

OBJECTIONS

 

The judge then makes a ruling on whether the objection is:

“Sustained" - the judge agrees with the objection and

disallows

the question, testimony, or evidence

OR

Overruled" - the judge disagrees with the objection and allows the question, testimony, or evidence.Slide5

OBJECTIONS

An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it.

Lawyers should make an objection

before there is an answer to the question.Slide6

COMMON LEGAL OBJECTIONS

Leading Question

Opinion

HearsayQuestion?Badgering

Relevance

Asked and AnsweredSlide7

COMMON LEGAL OBJECTIONS

LEADING QUESTION:

A leading question suggests the answer one expects to hear; “You were at the victim’s home that night, weren’t you?”

The lawyer should not be doing the testifying. Leading questions are permitted under certain circumstances, usually in cross-examination, with expert witnesses, with young, old or poor recall witnesses, and with any hostile, evasive, or adverse witness. Slide8

COMMON LEGAL OBJECTIONS

OPINION:

Only relevant evidence is admissible.

Relevant means the evidence proves or tends to prove a fact that is in dispute. For example, in a case involving a collision of two motor vehicles, the speed that the vehicles were travelling would probably be relevant, but what the drivers ate for breakfast would probably be irrelevantSlide9

COMMON LEGAL OBJECTIONS

HEARSAY:

A statement made by someone other than the witness testifying and offered to prove its own truth.

There are exceptions to the hearsay rule, but it exists because second-hand statements are unreliable and cannot be tested by cross-examination.Slide10

COMMON LEGAL OBJECTIONS

QUESTIONS?:

A question

asks two or more separate questions within the framework of a single question.

Generally reserved for situations if the witness answers “No”, it is confusing as to which part of the question is being answered.

For example: "Did you find the cancelled cheque on the ground and take it with you?"Slide11

COMMON LEGAL OBJECTIONS

BADGERING:

An argumentative question is where counsel states a conclusion and then asks the witness to argue with it often in an attempt to get the witness to change their mind.

Also known as “badgering” the witness.Slide12

COMMON LEGAL OBJECTIONS

RELEVANCE:

Only relevant evidence is admissible.

Relevant means the evidence proves or tends to prove a fact that is in dispute. For example, in a case involving a collision of two motor vehicles, the speed that the vehicles were travelling would probably be relevant, but what the drivers ate for breakfast would probably be irrelevantSlide13

COMMON LEGAL OBJECTIONS

ASKED AND ANSWERED:

Lawyers will often try to emphasize a point by repeating the question that elicited a crucial answer.

Some limited repetition is allowed, but most courts will sustain an objection if the question has been asked two

or

three

times