Objections

OBJECTION SHEET

If arguing for your objection, "My response is that. . . ."

IRRELEVANT
(not important to the case)

LEADING QUESTION
(no leading on direct exam) -- watch for "yes, no, correct"

IMPROPER CHARACTER TESTIMONY
(only the witness’ reputation/character for truthfulness is at issue here)

HEARSAY
(out of court statement to prove the truth of the matter-ask to strike) --- Hearsay -- what someone else had said -- someone not testifying. You could object at various times in the testimony -- if more "hearsay" is introduced. "______ is not in court today."

Possible answer to hearsay objection --- ". . . is a party in this case, and therefore his statements are not hearsay. . . "

IMPROPER OPINION
(not an expert or not the experts area)

LACK OF PERSONAL KNOWLEDGE
(doesn’t have info about the particular issue)

ARGUMENTATIVE/BADGERING
(attorney argues or seems to presenting an argument in the guise of a question)

SPECULATION
(guessing about something) "Objection, Your Honor, calls for speculation." They are guessing about something they really can't know -- such as motivation, what is in someone else's mind, etc.

LACK OF FOUNDATION
(didn’t take information in small steps that make sense or build on the ideas correctly) -- Avoid this one by laying a foundation for further questions.

ASKED AND ANSWERED
(witness has already testified about this)

NONRESPONSIVE
(witness seems to be evading the answer)

CREATING A MATERIAL FACT NOT FOUND IN THE RECORD
(Something being said is materially affecting the outcome of the case)

NARRATION -- When cross examining, you may want to ask the judge to direct the witness to
(witness is going beyond the question asked) answer the question. During the other side's direct, you could make this objection about their witness.

IMPROPER RELIGIOUS TESTIMONY
(using religion to + or - a witness)

BEYOND THE SCOPE OF REDIRECT OR RECROSS
(objection only for redirect or recross-going over info not brought up)

ARGUING FACT NOT IN EVIDENCE (CLOSING)
(counsel on closing brings up info that didn’t get in at trial)

Group Pictures

They will take group pictures for yearbook on February 10.  That will include us.  Please come prepared to be in a picture!

Blood Alcohol Level -- FYI

http://en.wikipedia.org/wiki/Blood_alcohol_content#Effects_at_different_levels

http://www.ou.edu/oupd/bac.htm

Correct Spelling of Names

Please be aware of the following:

Correct Spelling:
Dr. Cortney Baston  Oops!  They just corrected it again.  It's Courtney.
Sidney Young

Glossary

The Bench:  where the judge (s) sit

Notes for a Civil Case

Notes for a Civil Case

Civil Wrong -- Torte Claim

Plaintiff needs to prove negligence.
We need to understand the meaning of negligence under the law.
 The plaintiff should get the final word because plaintiff has the burden of proof.

 Plaintiff must show all 5 to prevail:
1. duty owed (something the defendant should have been doing)
2.  breach of duty
3.  factual links between duty and cause
4.  further -- proximate (legal) link cause (timing)
5.  show harm -- actual damages
(In this case we will not discuss damages in dollar figures -- unlike a real-life case.)

Define negligence:  actual conduct is culpable (guilty because it falls short of what a reasonable person would do under the circumstance. 

 foreseeable risk of harm

draw conclusion of what could reasonably happen

don't move beyond fact statement

Objections:

The objection must come from the person being scored in that portion of the scoring.  You will object when the witness being examined is your assigned witness for direct or cross.

objections by team lawyers

prepare to impeach a witness
"Show me in your statement where you said that. "  Is it a fair or an unfair extrapolation?  
An extrapolation that would affect the outcome of the case should be objected to and the objection should be sustained.


prepare to introduce exhibits
called exhibit before introduced as evidence -- have available for opposing team and judges before trial begins. 
-- move for admission -- make the motion
take it step by step  -- all parts of the trial 

prepare to have witness recognized as an expert witness

lay foundation -- 

establish  who they are and what it is that they know.

While conducting a witness examination, as needed, you may say, "Your Honor, I need a moment to confer with council."  That means you would like to consult with your fellow attorneys.  Use this sparingly!

You can go back to a witness before the closing argument.

Always civility! 
-- treat the witness respectfully, but dismantle their story.  The best part is often spontaneous conversation -- when you are reacting (with understanding of the case) to what the opposition is saying at the time. 


Ask questions -- don't accuse
"Swing with confidence -- if you're pretty sure you're carrying a big bat.  

Be bulldogs about rules -- make sure you know them well, and hold the other team to them.  
If judge seems to not understand the rules,  ask to approach the bench -- (you always ask permission if you wish to approach the bench.)
Ask, "How would you interpret this for me?" 

 (You always ask permission of the judge if you wish to approach the bench, the witness, the bailiff.)

Make sure we debrief after the first experience.   No "hangover."  No "glorifying."


This will be a BATTLE OF THE EXPERTS.   Experts must be able to portray the facts with confidence -- deliver lots of facts quickly.   tell the story.

 Language for a civil case:  preponderance of evidence  All five

tip the scale -- 50% plus a grain of sand (or a feather)

*Do not leave in doubt anything you can show.

As the plaintiff you are holding the defendant liable for his/her conduct.
He/She erred in conduct.
Show all 5 elements. 

On either side -- make your tone and language precise

Show that you've proven your case and highlight that for the judge.
  shine a bright light on it.
Defense -- show that the plaintiff has NOT proven their case.

Language matters!
Read the case closely -- How did you see it?

 
 

Comparing Cars

C.J. saw something like a Camry.   Riley was driving a Honda Accord.  Of course, in different years, the cars would have looked somewhat different.