Objections How, when, why…..

FIRST….. Meeting dates after 27th Tuesday December 4th: Break down the case as a group, decide groups Thursday December 6th: Break into small groups, start breaking down statements Meet every Tuesday and Thursday after school from 2:10-4:00 and Wednesday evenings at Hamburg Town Court (12th, 19th and 26th) from 6:00pm to 8:30pm with attorney advisor

roles Groups of 3-4 Prepare direct, then allow witnesses to question and answer each other Start cross by end of December Witnesses cross each other using the statements (Must memorize) Every person can be a lawyer or witness. Most prepared will compete

Scope You can object to scope anytime a question is asked that is not in a witnesses statement or something they can answer (Based on evidence or some other doc) Scope objections can also be used if questions are asked outside the subject area of the direct or re-direct/re-cross

relevancy #1, ANY question asked can be objected to as Irrelevant (Its up to the attorney to make it relevant) Relevant questions are anything that tends to make a fact which is important to the case more or less probable “If the probative value of the relevant evidence is substantially outweighed by the danger of the question creating an unfair prejudice, confusing the issue or wasting time, its not relevant to the case”

Character Character testimony is not allowed unless the person’s character is an issue in the case Or its being offered to show the truthfulness or untruthfulness of the party or witness Character is generally not admissible in a civil case to prove a persons propensity to act in a certain way In a criminal case, the prosecution CANNOT initiate evidence of bad character, unless you can show a connection to prior events (Pattern)

Other crimes, wrongs, or acts Evidence of other crimes, wrong or acts is not admissible to prove character BUT it can be used to show a motive (Reason for committing the act), intent (They meant to commit the act), preparation (They planned the act), knowledge or Identity

Impeachment Ask the question and get an answer that contradicts something in a witness affidavit Approach the witness to correct the wrong answer to show their testimony has mistakes In mock trial, purpose is to show the witness does not know the facts, not that they are lying Practice….. (Lets review marking statements)