Objections Cheatsheet: Difference between revisions
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* {{Box}} Irrelevance (see [[Relevance]]) | * {{Box}} Irrelevance (see [[Relevance]]) | ||
* {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court | * {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court | ||
* {{Box}} Compound Question | * {{Box}} Improperly Phrased Questions | ||
** {{Box}} Compound Question | |||
** {{Box}} Vague/Misleading question | |||
** {{Box}} Misquoting prior evidence/statement | |||
* {{Box}} No foundation/Assumes facts not proven | * {{Box}} No foundation/Assumes facts not proven | ||
* {{Box}} | * {{Box}} Asking witness for inadmissible opinion | ||
* {{Box}} [[Hearsay]] | * {{Box}} [[Hearsay]] | ||
* {{Box}} Asked and answered | * {{Box}} Uncivil Questions | ||
* {{Box}} Badgering, harassing witness | ** {{Box}} Asked and answered | ||
* {{Box}} arguing with witness | ** {{Box}} Badgering, harassing witness | ||
* {{Box}} Monologuing/Editorizating | ** {{Box}} arguing with witness | ||
* {{Box}} | ** {{Box}} Monologuing/Editorizating | ||
* {{Box}} Character of | * {{Box}} Character ''of accused'' not put in issue (see [[Character of Accused]]) | ||
* {{Box}} Character ''of victim'' presumed not relevant unless "probative value outweighs its prejudicial effect" (see [[Character of Non-Accused Persons]]) | |||
* {{Box}} Privilege ([[Solicitor-Client Privilege|Solicitor-Client]]; Informer; Litigation) | * {{Box}} Privilege ([[Solicitor-Client Privilege|Solicitor-Client]]; Informer; Litigation) | ||
* {{Box}} Contradicting Collateral Facts (see [[Collateral Fact Rule]]) | * {{Box}} Contradicting Collateral Facts (see [[Collateral Fact Rule]]) | ||
* {{Box}} Leading Question (on ''examination-in-chief'' only) | * {{Box}} Leading Question (on ''examination-in-chief'' only) | ||
Revision as of 10:13, 15 February 2019
Generally
- ☐ Irrelevance (see Relevance)
- ☐ Eliciting evidence supporting a Motion not before the Court
- ☐ Improperly Phrased Questions
- ☐ Compound Question
- ☐ Vague/Misleading question
- ☐ Misquoting prior evidence/statement
- ☐ No foundation/Assumes facts not proven
- ☐ Asking witness for inadmissible opinion
- ☐ Hearsay
- ☐ Uncivil Questions
- ☐ Asked and answered
- ☐ Badgering, harassing witness
- ☐ arguing with witness
- ☐ Monologuing/Editorizating
- ☐ Character of accused not put in issue (see Character of Accused)
- ☐ Character of victim presumed not relevant unless "probative value outweighs its prejudicial effect" (see Character of Non-Accused Persons)
- ☐ Privilege (Solicitor-Client; Informer; Litigation)
- ☐ Contradicting Collateral Facts (see Collateral Fact Rule)
- ☐ Leading Question (on examination-in-chief only)
On Sexual Assault Cases
- Prior Sexual History
- ☐ Sexual contact with anyone, except contact at issue in trial
- Sexual Assault Myths
- Failure of the complainant to "fight back"
- Failure of the complainant to "scream" or "call for help"
- Failure of the complainant to report the assault in a timely manner
On Calling Counter-Evidence
- Failure to confront opposing witness with counter-story (Rule in Browne v Dunn)