Objections Cheatsheet: Difference between revisions

From Criminal Law Notebook
`
Line 6: Line 6:
|
|
* {{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
Line 17: Line 18:
** {{Box}} arguing with witness
** {{Box}} arguing with witness
** {{Box}} Monologuing/Editorizating
** {{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}} 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)
|}
|}

Revision as of 10:26, 15 February 2019

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
  • Evidence that generally is prohibited by Rules of Evidence
  • 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)