Your Honor, I would just like to let you know that… Learning Goal: The student will understand what an objection is, how and why they are used, and what the different types of objections are: hearsay, relevance, opinion, and speculation. Scale: 4- I can teach all of this to the class before even seeing the Powerpoint! 3- I understand what an objection is and why it’s used, I can even explain the 4 types of objections without missing any major parts! 2- I have an idea of what an objection is, but I’m not sure of the different types. 1- What’s an objection?

 During a trial, both sides in the case (Defense and Prosecutor) may present evidence.  The testimony of witnesses is important evidence.  A witness is someone who was at the scene of the crime and has information to provide.  To guarantee that a trial is fair and help the jury find the truth, courts have rules about how witnesses give evidence and what kinds of evidence they can give.  The judge ensures that everyone follows these rules of evidence.  If a lawyer believes that something said in court is against the rules, he or she can object.

 Evidence must be relevant.  In other words, it must have something to do with proving the case.  Example: In a trial over stolen baseball caps, a lawyer asks a witness about her favorite kind of pizza. The opposing lawyer objects that the question is not relevant.

 Hearsay is not usually allowed as evidence.  Hearsay is something a witness may have heard about, but did not hear or see firsthand.  Example: In a case about missing apples, a witness testifies, “A neighbor told me that Kim was hanging around the apple tree.”  The opposing lawyer objects that the statement is hearsay.  The witness did not actually see Kim near the apple tree.

 Opinions are generally not allowed as evidence.  Witnesses are to stick to the facts.  Unless witnesses qualify as experts, their opinions, or what they think about those facts, are not acceptable as evidence.  Example: The witness’ first statement in this exchange is a fact. The second statement is an opinion and would not be allowed as evidence.  Lawyer: “Did the ticket taker tell you what his name is?”  Witness: “He told me his name is Robert. I don’t think he was telling the truth.”

 Speculation, or someone’s idea about what might have happened, is not allowed.  Example: In a trial, you tell the judge what you think happened in the case.

How the judge responds to objections: Sustained vs. Overruled

SUSTAINEDOVERRULED  The objection has been denied by the judge.  He or she thinks the question is in line with the rules of evidence (it doesn’t break any rules).  The attorney’s question and witness’ answer are admissible (the jury is allowed to hear the question and answer).  The objection has been approved by the judge.  He or she agrees with you and thinks the question broke one of the rules of evidence.  The attorney’s question and witness’ answer are inadmissible (they don’t count).

Use your new knowledge of objections to determine which type of objection is best for each of the following scenarios. Discuss with your team and hold up the correct response board.

 Lawyer: What happened next?  Witness: John heard something and went outside and yelled out that he saw Ken break the garage door. ■ Relevance ■ Hearsay ■ Opinion ■ Speculation

 Hearsay

 Lawyer: What did you see when you returned home?  Witness: The garage door was broken. Ken had broken it. It must have been him because no one else was home at the time. ■ Relevance ■ Hearsay ■ Opinion ■ Speculation

 Speculation

 Lawyer: What did you make for breakfast that morning?  Witness: I usually make pancakes on Saturday, but that morning I made scrambled eggs. They’re my favorite. ■ Relevance ■ Hearsay ■ Opinion ■ Speculation

 Relevance

 Lawyer: Do you know the defendant?  Witness: No. I’ve never met him, but my wife knows him and says he is not very nice. I’m sure that he broke the garage door. ■ Relevance ■ Hearsay ■ Opinion ■ Speculation

 Hearsay

 Lawyer: How long have you lived in the neighborhood?  Witness: I’ve lived there for five years. I moved there when I got a new job. I was happy to live in the neighborhood, but I didn’t like Ken when I first met him. ■ Relevance ■ Hearsay ■ Opinion ■ Speculation

 Opinion

Your Honor, I would just like to let you know that… Learning Goal: The student will understand what an objection is, how and why they are used, and what the different types of objections are: hearsay, relevance, opinion, and speculation. Scale: 4- I can teach all of this to the class now that I’ve seen the Powerpoint! 3- I understand what an objection is and why it’s used, I can even explain the 4 types of objections without missing any major parts! 2- I have an idea of what an objection is, but I’m not sure of the different types. 1- What’s an objection?