Mock Trial Basics

Assumes Facts Not in Evidence (611a)

A question by the directing attorney that contains information not yet in the record. On cross, the counsel is the one testifying, so this is not an objection.

Hearsay (802)

A statement made out of this court offered in court to prove the truth of the matter asserted. A statement is not hearsay if the words spoken are relevant, not what the words mean.

Improper Impeachment (607-610, 613)

Many things "are" improper impeachment, but the most important factors of a correct impeachment are; Have a concise question that the witness is currently not answering truthfully. Make sure the witness answered the question, refer the witness to the previous statement, providing the opposing counsel with a page or line number to which you are referring, ask the witness if that statement was made by her previously. (Trying to confuse the witness into contradicting herself, not having a prior statement that directly relates to the current testimony, and not referring opposing counsel to the source of the previous statements are the big objectionable factors.)

Relevance (401)

The evidence being solicited does not relate to merits of the case or another admissible purpose such as foundation or permissible character evidence.

Beyond Scope (of direct, cross) (1002)

The evidence being solicited was not covered by the opposing counsel while questioning the witness and is not relevant to any of the previous issues covered.

Cumulative (403; 611a)

The material being asked has been covered before. This generally isn't an issue in mock trials, where there are only four witnesses.

Lack of Foundation (602; 901a)

The prerequisite evidence has not been entered that would make this evidence admissible. This could be proof that a confession has been made knowingly and voluntarily (predicate), that a witness is competent to testify to a fact, or that a document is admissible.

Compound (611a)

The question is really two questions posed as one. Objection should only be used when the question is misleading and the answer could be misconstrued by the jury.

Leading (611c)

The question on direct suggests an answer. This is (1) not a objection on cross, and (2) actually allowed in some circumstances. Which circumstances depends on the court, as Louisiana and the Federal rules differ, but this basically covers all cases where leading is necessary to develop the testimony.

Speculation (602; 701)

The witness does not have first-hand knowledge of the fact she is testifying to.

Improper Lay Opinion (701)

The witness is giving testimony that does not require an expertise, but is still an opinion that does not assist the jury in its understanding of the case.

Lack of Authentication (901a)

This is a question of foundation when trying to introduce a document into evidence. A document that is not self-authenticating or whose authenticity has not been stipulated to must be identified as true and accurate by a competent witness.

Argumentative (611a)

This is not an objection to opposing counsel making a good point. It is used when the questioning attorney is not asking a question and is instead making an argument of law or application of law that should be argued in summation. It is only valid when the witness is not being asked a question that he or she can properly answer.

More Prejudicial Than Probative (401-403)

This is the argument: "The evidence being introduced is highly prejudicial to your client and this prejudice far outweighs the probative value."

Improper Characterization (404-405)

Used when a question or an answer describes something that is highly prejudicial and not helpful to the jury. A typical example is describing the defendant or her actions as "crazy." This is a charged word and has no real meaning unless the witness is a medical doctor who actually means "crazy." - It's not a very useful objection most of the time because the objection generally draws more attention to the word and thus cements the idea into the minds of the jurors.

Best Evidence (1002)

Used when the evidence being solicited is not the best source of the information. Usually occurs when a witness is being asked a question about a document that is available to be entered into evidence. The document should be entered as proof of its contents.

Improper Expert Opinion (702)

Used when the testimony involves some degree of skill or expertise and the witness has not been entered as an expert in that area. Daubert challenges are covered under this objection, and do not have to come pre-trial.

Asked and Answered (611a)

When the question being asked has both been asked and been answered before by this attorney and this witness. It is not an objection to a question on cross that has been covered in direct.

theme

a one sentence distillation of your case that is catchy and memorable to the average person

expert

a witness with enough experience in a field to be able to guide jurors through complicated material

interest

a witness's possible benefit in--or detriment from--the outcome of a particular case or trial

physical evidence

also called "real," it includes any objects, such as a gun, a substance, a piece of clothing, etc.

prosecutor

attorney in charge of representing the state in a criminal trial

objection

claim that testimony or other evidence that your opponent seeks to have heard or seen in court violates the rules of evidence

prior inconsistent statement

communication made by a witness before the time he takes the stand to testify that contradicts testimony given in court under oath

impeachment

cross-examination technique that discredits the witness or her testimony

overrule

decision by the judge to allow certain evidence despite the other side's objection to it

sustain

decision by the judge to disallow certain evidence after one side makes an objection to it

petition

document filed with the court that begins a civil law suit

complaint

document that begins a prosecution in a criminal case

jury instruction

document(s) that explain(s) to the jury what they are supposed to decide and how they are supposed to decide it

pleadings

documents filed with the court at any time during the progress of a case

documentary evidence

evidence in the form of paper or other media, e.g., photographs, contracts, videos, etc.

hearsay

evidence of an out-of-court statement, usually made by a person other than the witness on the stand

demonstrative evidence

evidence that is used to represent something else without having the original object or event in court, e.g., maps, graphs, drawings, animations, simulations, etc.

opening statement

explains, without argumentation, the evidence that the attorney believes will be presented at trial

curriculum vitae

extended resume in which an expert lists his qualifications in a particular field

closing argument

final speech made to the jury by each side explaining why the jury should find the verdict the attorney wants it to find

testimonial evidence

given by a witness on the stand

liable

legally responsible for particular actions or the consequences of those actions

admissible

name for evidence that the court decides meets the rules of evidence and can be considered in a given trial

narration

objection to a question that calls for the witness to carry on without clear limits

badgering

objection to a question that seeks not to make a valid point but instead seeks merely to argue with or attack the witness

asked and answered

objection to a question that you believe is being repeated even though the witness has already responded to it

chapters

organizational elements of cross examination, direct examination, opening statements, and closing arguments

bias and prejudice

particular tendencies or inclinations that a person has that prevent him from being impartial and objective

plaintiff

person who brings a law suit in a civil trial

direct examination

portion of a trial wherein an attorney asks questions of a witness that she has called to the stand

credibility

quality of being believable and trustworthy

leading

question that calls for a "yes" or "no" answer; used primarily in cross examination

open-ended

question that calls for an answer other than "yes" or "no"; use primarily in direct examination

beyond a reasonable doubt

standard of proof for the state in a criminal trial; derived from the Fifth Amendment to the U.S. Constitution

preponderance of the evidence

standard of proof in a civil trial

deposition

statement made under oath but not in a courtroom

evidence

the documentary or oral statements and the material objects admissible in a court of law to prove one's case or disprove an opponent's case

burden of proof

the obligation on one side of a trial or hearing to provide enough evidence to support a particular claim

motive

the urge that prompts a person to think and act in a certain way (e.g., greed, love, hate, revenge)

labels

the words or phrases you choose to refer consistenly to particular people, things, events, etc., in a way that supports your side

admit

what the judge does when she allows testimony or other evidence to be heard and considered in court

prior conviction

when a witness has been found guilty of a criminal offense before the current trial