Rules of Evidence & Making Objections

An important skill for any lawyer is objecting to opposing counsel's questions. If your objection is done correctly you can eliminate a key question from opposing counsel's examination. for this you will be learning about key objections and how to use them.

Task:

• Below areten sample direct examination questions in a case that deals with a car accident.

1. Decide if each question is objectionable(highlight or note your answer on the line) and, if so,
2. Which objection it is, and
3. then explain why you picked that objection.

1. State your name and address for the record.

Objectionable: Yes/No If yes, which objection and why you chose that objection?

______________________________________________________________________

1. Mr. Smith, you went to the club didn't you?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

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1. Mrs. Jones, what did Mr. Smith tell you?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

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1. Mr. Smith, you live in a blue house correct?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

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1. Mrs. Jones, what do you think the murder weapon was?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

______________________________________________________________________

1. Mr. Smith, you are a chef and like football?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

______________________________________________________________________

1. Mr. Smith, you like football?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

______________________________________________________________________

1. Mrs. Jones, what color jacket did John wear?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

______________________________________________________________________

1. Mrs. Jones, what time do you think the murder took place?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

______________________________________________________________________

1. Mr. Smith, what time did you get to work at the club?

Objectionable: Yes/No If yes, which objection and why you chose that objection?

______________________________________________________________________

The Case 91' the remen 5mm Rgbhegy: The Facts of the Case: At about 5 pm. on the afternoon of June 5, 2020, Jack Smith entered Brown's Market in the Lake City neighborhood of Seattle. Smith was wearing a bandana to cover his face and pulled a gun out of the waistband of his pants. He told the owner of the store, sixty-year-old Tom Brown, to give him all his money. Mr. Brown had seen the robber get out of the passenger side of a late model blue, American-made car that had pulled up to the curb outside his store. Mr. Brown was working with his wife, Judy, who was in the back storeroom unloading boxes when Smith entered the store. When Smith demanded the cash, Mr. Brown didn't move. Smith then reached across the counter and pushed the button on the cash register, opening the cash drawer. As Smith grabbed a handful of cash, Brown reached under the counter for his own gun. Mr. Brown came up ring but Smith had time to duck. Unfortunately, the bullet struck Mrs. Brown as she was coming back from the stockroom. Mrs. Brown was seriously wounded but not killed. Mr. Brown told Smith not to move and he called the police after making sure Mrs. Brown was going to be okay. The police arrived quickly and took Smith into custody. Mr.Brown told the police what had happened, and about the blue, late model American car with what looked like Washington license plates, the ones with a picture of the baseball stadium on them. Smith waived his Miranda rights at the station house and gave a statement, saying he acted alone, that he had bought the gun he used the night before in a bar in Tacoma and had hitchhiked to Seattle, his last ride dropping him off in Lake City. Two days later, Detective Vu of the Seattle P.D. took a second statement from Smith. Detective Vu had evidence that Spencer Jones was the driver of the blue car and Smith's accomplice. Vu told Smith his story about the gun didn't make sense and that if' he cooperated he might be able to cut a deal with the Prosecuting Attorney's ofce. Smith chose to cooperate and testify against Jones, who is now on trial for armed robbery and attempted murder. Jack Smith's First Afdavit Afdavit OF JACK SMITH My name is Jack Smith. I live at 5555 1st Avenue, Seattle, Washington. I am 27 years old. On June 5, 2020, I attempted to rob Brown's IGA Market on the corner of Lake City Way and Cascade Avenue. During the course of that attempt, the owner of the store pulled a gun out from under the counter and red at me. I ducked and he shot his wife; I guess she came out of the back ofthe store. I had a gun but I didn't try to use it. The owner of the store held his gun on me until the police came and arrested me. I bought the gun from a man I didn't know the night before in a bar in Tacoma, Washington the night before. On June 5, which was a Sunday, I hitchhiked from Tacoma to Lake City. It took me several rides to get to Lake City. I didn't know any of the drivers who picked me up. The last ride was in a late model blue Oldsmobile. I had the driver drop me in front of the grocery store that I tried to rob. I didn't mean for anyone to get hurt, I was just broke and out of work and I can't collect any more money from the state. Signed, Jack Smith June 5, 2020 ,lack Smith's Mud Afdavit Afdavit OF JACK SMITH My name is Jack Smith. I live at 5555 1st Avenue, Seattle, Washington. I am 2? years old. I've been told what my rights are and I am giving them up to make this statement. I am making this statement of my own free will. On June 5, 2020, I was involved in the robbery of Brown's Market on the corner of Lake City Way and Cascade Avenue in Lake City. I gave another statement on June 5, 2020, which was false because I was afraid of telling the truth. This statement is the whole truth and nothing but the truth. On June 5, Spencer Jones picked me up on the corner of 145th Avenue NE and Lake City Way. I knew Spencer from years ago when we were in jail. We weren't that close but we had run into each other in a bar in Seattle abOut two weeks before the robbery. I think it was called The Shamrock. Jonesy told me about this plan he had to rob a grocery store, said it was going to be an easy job. He said an old man and his wife ran the store and they kept a lot of cash in the store. He needed somebody to help him because he had been casing the place and he was afraid they might recognize him if he pulled it o'. He said he would drive if I helped him. He said a Sunday would be best and that he would give me a call when he was ready, so I gave him my phone number. 011 Sunday, June 5, he called and told me to be on the comer of Lake City Way and 145th between 4:00 and 5:00 pm. and to wait until he got there. I got there around 4:00 and he got there a few minutes after me. I didn't have a watch on, so I'm not real sure about the time. Jones drove around a couple of blocks and we talked. The car was a pretty new blue Oldsmobile. Then he pulled over and gave me a bandana and a gun. I said I thought it was supposed to be an easy job, why did I need a gun. He said the gun was just to scare the old man and the old lady and that it wasn't loaded. We pulled up to the store and I went in with the bandana on and the gun in my coat pocket. When I got inside I pulled the gun on the old man who was behind the counter. Everything else happened just like I said in my other statement except that after the old man shot his wife, I heard Jonesy take 011'. That is the whole story. Signed, Jack Smith June 7, 2020