Objections Cheatsheet: Difference between revisions

Revision as of 10:26, 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 ☐ Contradicting Collateral Facts (see Collateral Fact Rule) ☐ 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 ☐ Eliciting evidence unconnected to incident at issue ☐ 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) ☐ Evidence that generally is prohibited by Rules of Evidence ☐ Hearsay ☐ Asking witness for expert opinion (see Expert Evidence) ☐ Eliciting Privileged information (see Solicitor-Client Privilege; Informer Privilege; Litigation Privilege) ☐ 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)

@@ Line 6: / Line 6: @@
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 * {{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}} Contradicting Collateral Facts (see [[Collateral Fact Rule]])
 * {{Box}} No foundation/Assumes facts not proven
 * {{Box}} Improperly Phrased Questions
@@ Line 17: / Line 18: @@
 ** {{Box}} arguing with witness
 ** {{Box}} Monologuing/Editorizating
-* {{Box}} Contradicting Collateral Facts (see [[Collateral Fact Rule]])
-* {{Box}} Evidence that generally is inadmissible
-** {{Box}} [[Hearsay]]
-** {{Box}} Asking witness for expert opinion (see [[Expert Evidence]])
-** {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
 * {{Box}} Eliciting evidence unconnected to incident at issue
 ** {{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]])
+* {{Box}} Evidence that generally is prohibited by Rules of Evidence
+** {{Box}} [[Hearsay]]
+** {{Box}} Asking witness for expert opinion (see [[Expert Evidence]])
+** {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
 * {{Box}} Leading Question (on ''examination-in-chief'' only)
 |}