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}} Contradicting Collateral Facts (see [[Collateral Fact Rule]]) | |||
* {{Box}} No foundation/Assumes facts not proven | * {{Box}} No foundation/Assumes facts not proven | ||
* {{Box}} Improperly Phrased Questions | * {{Box}} Improperly Phrased Questions | ||
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** {{Box}} arguing with witness | ** {{Box}} arguing with witness | ||
** {{Box}} Monologuing/Editorizating | ** {{Box}} Monologuing/Editorizating | ||
* {{Box}} Eliciting evidence unconnected to incident at issue | * {{Box}} Eliciting evidence unconnected to incident at issue | ||
** {{Box}} a prior consistent statement as "oath helping" (see [[Prior Consistent Statements]]) | ** {{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 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}} 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) | * {{Box}} Leading Question (on ''examination-in-chief'' only) | ||
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Revision as of 09:26, 15 February 2019
Generally
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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)