Objections Cheatsheet

From Criminal Law Notebook
Revision as of 09:57, 15 February 2019 by Admin (talk | contribs)

Generally

  • Irrelevance
  • Compound Question
  • No foundation/Assumes facts not proven
  • Misquoting prior evidence/statement
  • Hearsay
  • Asked and answered
  • Badgering, harassing witness
  • arguing with witness
  • Asking witness for inadmissible opinion
  • Character not in issue
  • Monologuing/Editorizating
  • Privilege (Solicitor-Client; Informer; Litigation)
  • Vague/Misleading question
  • Contradicting Collateral Facts (see Collateral Fact Rule
  • Leading Question (on direct examination 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)