Objections Cheatsheet: Difference between revisions

Revision as of 10:22, 15 February 2019

< Precedents, Court Forms and Checklists

Generally

See also: Examinations-in-Chief and Cross-Examinations

☐ Irrelevance (see Relevance) ☐ Eliciting evidence supporting a Motion not before the Court ☐ No foundation/Assumes facts not proven ☐ Improperly Phrased Questions ☐ Compound Question ☐ Vague/Misleading question ☐ Misquoting prior evidence/statement ☐ Uncivil Questions ☐ Asked and answered ☐ Badgering, harassing witness ☐ arguing with witness ☐ Monologuing/Editorizating ☐ Contradicting Collateral Facts (see Collateral Fact Rule) ☐ Evidence that generally is inadmissible ☐ Hearsay ☐ Asking witness for expert opinion ☐ Eliciting Privileged information (see Solicitor-Client Privilege; Informer Privilege; Litigation Privilege) ☐ Eliciting evidence outside of incident ☐ a prior consistent statement as "oath helping" (see Prior Consistent Statements) ☐ Character of accused not admissible unless accused put his character 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) On Direct Only ☐ Leading Question (on examination-in-chief only) Only On Cross (or as Hostile Direct)

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)

@@ Line 2: / Line 2: @@
 ==Generally==
 {{seealso|Examinations-in-Chief|Cross-Examinations}}
 {|class="wikitable"
-|-
+|
 * {{Box}} Irrelevance (see [[Relevance]])
 * {{Box}} Eliciting evidence supporting a Motion ''not'' before the Court
+* {{Box}} No foundation/Assumes facts not proven
 * {{Box}} Improperly Phrased Questions
 ** {{Box}} Compound Question
 ** {{Box}} Vague/Misleading question
 ** {{Box}} Misquoting prior evidence/statement
-* {{Box}} No foundation/Assumes facts not proven
-* {{Box}} Asking witness for inadmissible opinion
-* {{Box}} [[Hearsay]]
 * {{Box}} Uncivil Questions
 ** {{Box}} Asked and answered
@@ Line 18: / Line 18: @@
 ** {{Box}} arguing with witness
 ** {{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 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}} Contradicting Collateral Facts (see [[Collateral Fact Rule]])
+* {{Box}} Evidence that generally is inadmissible
+** {{Box}} [[Hearsay]]
+** {{Box}} Asking witness for expert opinion
+** {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
+* {{Box}} Eliciting evidence outside of incident
+** {{Box}} a prior consistent statement as "oath helping" (see [[Prior Consistent Statements]])
+** {{Box}} Character ''of accused'' not admissible unless accused put his character 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]])
+; On Direct Only
 * {{Box}} Leading Question (on ''examination-in-chief'' only)
+; Only On Cross (or as Hostile Direct)
 |}