More trial lingo

COMMON TRIAL OBJECTIONS

Question and Answer interrogation is the standard format. It allows opposing counsel to object to improper questions.

Ambiguous:  A question is ambiguous if:It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning. "Objection, your Honor, the question is ambiguous."

Argumentative:  A question is argumentative if: It is asked for the purpose of persuading the jury or the judge, rather than to elicit information. It calls for an argument in answer to an argument contained in the question. It calls for no new facts, but merely asks the witness to concede to inferences drawn by the examiner from proved or assumed facts. "Objection, your Honor, the question is argumentative."

Badgering:  A question becomes badgering if: ·   It is meant to antagonize the witness in order to provoke a response “Objection, your Honor, badgering the witness.”

Hearsay:  A question is hearsay if: It invites the witness to offer an out-of-court statement to prove the truth of some matter in court. There are many exceptions to the hearsay rule. "Objection, your Honor, the question is hearsay."

Irrelevant:  A question is irrelevant if: It invites or causes the witness to give evidence not related to the facts of the case at hand. "Objection, your Honor, the question is irrelevant."

Leading the witness:  A question is leading if: It is one that suggests to the witness the answer the examining party desires. However, this type of question is allowed on cross-examination of a witness. "Objection, your Honor, the question is leading."

Speculation:  A question is speculative if: It invites or causes the witness to speculate or answer on the basis of conjecture. "Objection, your Honor, the question calls for speculation."

The judge makes a ruling on whether the objection is "sustained" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "overruled" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question.