Objections Cheatsheet: Difference between revisions
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** {{Box}} arguing with witness | ** {{Box}} arguing with witness | ||
** {{Box}} Monologuing/Editorizating | ** {{Box}} Monologuing/Editorizating | ||
* {{Box}} Eliciting a prior consistent statement as "oath helping" (see [[Prior Consistent Statements]]) | |||
* {{Box}} Character ''of accused'' not put in issue (see [[Character of Accused]]) | * {{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}} Character ''of victim'' presumed not relevant unless "probative value outweighs its prejudicial effect" (see [[Character of Non-Accused Persons]]) | ||
Revision as of 09:15, 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
- ☐ Eliciting a prior consistent statement as "oath helping" (see Prior Consistent Statements)
- ☐ 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)