1. Say “Objection!

” - assertively, boldly, but not obnoxiously

2. Say “Your Honor”
3. The judge may ask you, “On what grounds?”
4. State the objection.
5. If needed, explain the objection.
6. The judge will make her decision. They will say:
a. Sustained - they agree with you and will disallow whatever caused the objection
b. Overruled - they disagree with you and the other lawyer can keep going

Leading – question suggests the answer desired, states facts not previously discussed
Narration – witness provides far more information than the question called for
Relevance – Question or answer does not relate to the case
Hearsay – Something the witness says they heard someone say
Firsthand Knowledge – Witness did not personally see, hear or experience personally whatever it is
they are testifying about
Opinion – witnesses cannot give their opinions unless first qualified as an expert
Opinion on the Ultimate Issue – Witnesses, including experts, cannot give opinions on the guilt or
innocence of a defendant.
Badgering – being unnecessarily aggressive/disrespectful to the witness
Laying the foundation - questions are asked before we understand why the witness is relevant
Asked and Answered – The question has already shown up in court
Non responsive witness – only one used by the lawyer asking the question, when the witness doesn’t
respond to the question. This is common during cross-examination.
Speculation – witness is asked to guess
Compound question – question contains more than one part
Spirit of the trial - unique to this project, this essentially means that the opposing side is being way
too nitpicky for a school project.
Pleading the fifth - this may only be used by the defendant if they are being forced to admit guilt.
They don’t need to formally object; they can just say, “I plead the fifth.” Their lawyer can’t tell them to
do this. If they answer the question anyway, they can’t go back and change their answer. (since we
require our defendants to take the stand, they waive this privilege)
Exclusionary rule - you cannot introduce evidence that has been obtained illegally.