Mock Trial Objections

1
Mock Trial Objections

• The basics of every objection allowed in the Mock
  Trial universe.

2
Questions calling for a Narrative answer/Narrating

• Questions that are vague and allow for a long,
  drawn out answer are inappropriate
• Ex.) Attorney Tell us what you know about the
  case.
• When objecting, the attorney should stand and say
  Objection. This question calls for a narrative
  answer. or Objection. The witness is narrating.

3
Relevance

• Relevant evidence is evidence presented that
  tends to prove or disprove any fact related to
  the case.
• Ex.) Attorney What did you have for breakfast?
• When objecting, the attorney should stand and say
  Objection. This question is irrelevant.

4
Character of the Witness

• Character evidence is evidence that concerns some
  trait about the witness other than honesty or
  truthfulness.
• Ex.) Attorney (crossing a lay witness) Miss, can
  you please explain to the court why you received
  a speeding ticket 5 months ago?
• When objecting, the attorney should stand and say
  Objection. This question calls for improper
  character evidence.

5
Lack of Personal/Professional Knowledge

• Questions that call for hearsay testimony or a
  lay witnesss opinion are inappropriate as they
  call for something that the witness has no
  knowledge of.
• Ex.) Attorney Do you think that the driver was
  drunk at the time of the hit and run?
• When objecting, the attorney should stand and say
  Objection. The witness does not have the
  personal knowledge to answer this question.

6
Leading Questions

• Only allowed during cross-examination and when
  laying foundation, leading questions are
  questions that suggest the answer.
• Attorney The money was under the hay bale,
  correct?
• When objecting, the attorney should stand and say
  Objection. Counsel is leading the witness.

7
Beyond the Scope

• Questions that cover information outside of what
  the crossing attorney/re-directing attorney
  brought up in questioning are considered beyond
  the scope.
• When objecting, the attorney should stand and say
  Objection. Counsel is asking a question which is
  beyond the scope of my cross/re-direct
  examination.

8
Hearsay

• Perhaps the most common objection, Hearsay is an
  out of court statement being offered in court to
  prove the truth of the matter asserted.
• Ex.) Attorney Now Ms. Smith, you say that you
  heard your neighbor say that he was going to kill
  his wife?
• When objecting, the attorney should stand and say
  Objection. This question calls for hearsay. or
  Objection. The witnesss answer is based on
  hearsay.
• When objecting to hearsay, be ready for a fight
  as there are a plethora of ways to get around a
  hearsay objection.

9
Argumentative

• Argumentative questioning is when the opposing
  attorney questions the witness roughly or in a
  harsh tone.
• Ex.) Attorney You killed your wife!!
• When objecting, the attorney should stand and say
  Objection. Counsel is being argumentative.

10
Badgering

• Similar to argumentative questioning, badgering
  the witness is when the opposing attorney asks
  the same question several times in order to
  harass the witness, usually done in a harsh
  manner.
• When objecting, the attorney should stand and say
  Objection. Counsel is badgering the witness.

11
Asked and Answered

• Asked and answered is when a question that has
  already been asked and answered is being asked
  again. Most often, attorneys do this when they
  dont get the answer they wanted.
• When objecting, the attorney should stand and say
  Objection. This question has already been asked
  and answered.

12
Assumes Facts Not in Evidence

• Questions that assume facts not in evidence jump
  straight to the point without showing how they
  got there. In other words, they ask about facts
  that have not been shown to exist.
• Ex.) Attorney (without proving there was a pie in
  the first place) You stole the pie, didnt you?
• When objecting, the attorney should stand and say
  Objection. This question assumes facts not in
  evidence.

13
Lack of Foundation

• Lack of foundation is an objection that arises
  when an attorney begins to question a witness
  about a certain subject without first proving
  that (s)he is qualified to answer questions about
  said subject.
• Ex.) Attorney Can you tell the court a little
  about how the bomb was built?
• When objecting, the attorney should stand and say
  Objection. Counsel has not laid the appropriate
  foundation.
• NOTE The opposing party may ask for you to
  explain how the appropriate foundation has not
  been laid.

14
Speculation

• Closely tied to Lack of Personal Knowledge,
  speculative questions ask a witness to testify to
  the motives, intentions, or reasons behind the
  actions of another without knowledge of said
  motives, intentions, or reasons.
• Ex.) Attorney Why do you think he did it?
• When objecting, the attorney should stand and say
  Objection. This question calls for speculation.

15
Unresponsive

• The attorney directing or crossing a witness may
  object if the witness does not directly respond
  to the questions put to him/her. Witnesses may
  also be unresponsive if their testimony goes
  beyond what is asked.
• When objecting, the attorney (who should already
  be standing) should say Objection. The witness
  is being/has become unresponsive.

16
Unfair Extrapolation

• Unfair extrapolation is when a witness includes
  testimony that was not originally included in the
  case materials and this testimony can potentially
  affect the trials outcome.
• When objecting, the attorney should stand and say
  Objection. The witness is unfairly
  extrapolating. or Objection. The witnesss
  testimony is going beyond the information
  provided in the case materials.
• NOTE This objection should only be made if the
  extra information has a profound impact on the
  trial.

17
Something to remember with objections in Mock
Trial

• Most of the time in Mock Trial, attorney will say
  Objection followed by just the objection. They
  then offer a brief explanation.
• Ex.) Objection, assumes facts not in evidence.
  There is no evidence that my client knew this
  Mrs. Smith that opposing counsel is referring to.

18
Read the following excerpt from the affidavit of
Rankin Bass carefully, then decide on the
appropriate objections for the upcoming scenarios.

• On one occasion, I overheard a man who was
  selling home-made pastries at the market telling
  his wife that the reason no one was purchasing
  their goods was because the Spree Party made them
  outcasts. He said that he thought the Spree had
  spies coming to the Knave Party organization
  meeting that reported who was in attendance. He
  felt that it was not just a coincidence that his
  business declined shortly after he started going
  to the meetings. In my opinion, his pastries were
  not very good. Maybe that had something to do
  with his lack of customers.

19

• Directing Attorney Rankin, how did you know this
  pastry salesmans political affiliation?
• Rankin Well apart from hearing him say he was a
  Knave, he had a sign saying I Hate Oprah Xram!
  (the ruler at the time), who was a Spree, and
  after someone walked by and claimed they were a
  Spree, he threw a pastry at them.
• Crossing Attorney Objection. ________

20

• Crossing Attorney Objection. Unfair
  extrapolation.

21

• Crossing Attorney Now, Miss Bass, what color
  were these pastries?
• Directing Attorney Objection. Relevance.

ANSWER
22

• Directing Attorney Objection.
• Relevance.

23

• Crossing Attorney You said this man was selling
  home-made pastries?
• Rankin Yes.
• Crossing Attorney He sold pastries?
• Rankin Yes, home-made.
• Crossing Attorney So, he was a pastry salesman?
• Directing Attorney Objection. Asked and answered.

ANSWER
24

• Crossing Attorney You said this man was selling
  home-made pastries?
• Rankin Yes.
• Crossing Attorney He sold pastries?
• Rankin Yes, home-made.
• Crossing Attorney So, he was a pastry salesman?
• Directing Attorney Objection.
• Asked and answered.

25

• Crossing Attorney Do you think this pastry
  salesman was a Unabomber?
• Directing Attorney Objection. Speculation.

ANSWER
26

• Crossing Attorney Do you think this pastry
  salesman was a Unabomber?
• Directing Attorney Objection.
• 
  Speculation.

27

• Crossing Attorney How can you say his pastries
  were not good!? Are you familiar with the
  Freedonian customs and food choices?
• Directing Attorney Objection. Argumentative.

ANSWER
28

• Crossing Attorney How can you say his pastries
  were not good!? Are you familiar with the
  Freedonian customs and food choices?
• Directing Attorney Objection.
• 
  Argumentative.

29

• Crossing Attorney Miss Bass, what was this
  pastry salesmans financial situation?
• Directing Attorney Objection. Lack of Personal
  Knowledge.

ANSWER
30

• Crossing Attorney Miss Bass, what was this
  pastry salesmans financial situation?
• Directing Attorney Objection.
• Lack of Personal
  Knowledge.

31

• Directing Attorney Miss Bass, lets go back a
  little to something we forgot to talk about my
  first time around questioning you
• Crossing Attorney Objection. Beyond the scope.

ANSWER
32

• Directing Attorney Miss Bass, lets go back a
  little to something we forgot to talk about my
  first time around questioning you
• Crossing Attorney Objection.
• Beyond
  the scope.

33

• Rankin Well, let me start from the
  beginning(talks for 1 minute)
• Crossing Attorney Objection. Narrative.

ANSWER
34

• Rankin Well, let me start from the
  beginning(talks for 1 minute)
• Crossing Attorney Objection.
• 
  Narrative.

35

• Crossing Attorney Miss Bass, do you have a
  criminal record?
• Rankin No.
• Crossing Attorney But I have here that youve
  been busted for speeding, and it looks like you
  received a ticket.
• Directing Attorney Objection. _____________

36

• Crossing Attorney Miss Bass, do you have a
  criminal record?
• Rankin No.
• Crossing Attorney But I have here that youve
  been busted for speeding, and it looks like you
  received a ticket.
• Directing Attorney Objection.
• This question calls for improper character
  evidence.

37

• Crossing Attorney Miss Bass, this pastry
  salesman allegedly attended Knave meetings?
• Rankin Of course he sold pastries.
• Crossing Attorney But he did attend Knave
  meetings?
• Rankin Well, yes and no. I heard him say
  something, but I cant really tell for sure.
• Crossing Attorney So is that a yes or a no?
• Rankin Well
• Crossing Attorney Objection. Unresponsive.
• (Usually the attorney does not say objection
  for this.)

ANSWER
38

• Crossing Attorney Miss Bass, this pastry
  salesman allegedly attended Knave meetings?
• Rankin Of course he sold pastries.
• Crossing Attorney But he did attend Knave
  meetings?
• Rankin Well, yes and no. I heard him say
  something, but I cant really tell for sure.
• Crossing Attorney So is that a yes or a no?
• Rankin Well
• Crossing Attorney Objection.
• Unresponsive.
• (Usually the attorney does not say objection
  for this.)

39

• Directing Attorney And what, if anything, did
  this salesman say?
• Crossing Attorney Objection. Hearsay.

ANSWER
40

• Directing Attorney And what, if anything, did
  this salesman say?
• Crossing Attorney Objection.
• 
  Hearsay.

41

• Crossing Attorney Miss Bass, what hand did you
  hold the gun in?
• Directing Attorney Objection! Assumes facts not
  in evidence.

ANSWER
42

• Crossing Attorney Miss Bass, what hand did you
  hold the gun in?
• Directing Attorney Objection!
• Assumes facts not
  in evidence.

43

• Directing Attorney (1st Question) Miss Bass,
  will you please tell the court about the incident
  concerning the pastry salesman.
• Crossing Attorney Objection. Lack of foundation.

ANSWER
44

• Directing Attorney (1st Question) Miss Bass,
  will you please tell the court about the incident
  concerning the pastry salesman.
• Crossing Attorney Objection. Lack of foundation.

45

• Crossing Attorney You heard this pastry salesman
  say business had gone down?
• Rankin Yes.
• Crossing Attorney Youre telling me that you
  heard him say his business had gone down?
• Rankin Yes.
• Crossing Attorney How can you be sure of this?
  Were you part of his business?
• Directing Attorney Objection. Badgering.

ANSWER
46

• Crossing Attorney You heard this pastry salesman
  say business had gone down?
• Rankin Yes.
• Crossing Attorney Youre telling me that you
  heard him say his business had gone down?
• Rankin Yes.
• Crossing Attorney How can you be sure of this?
  Were you part of his business?
• Directing Attorney Objection.
• 
  Badgering.

47

• Directing Attorney Rankin, you said the pastries
  tasted bad, right?
• Crossing Attorney Objection. Leading.

ANSWER
48

• Directing Attorney Rankin, you said the pastries
  tasted bad, right?
• Crossing Attorney Objection.
• Leading.
  

49
One final note

• Keep in mind that the vast majority of objections
  in the Mock Trial universe will not be even close
  to this easy or clear cut. Most objections can be
  overlapped. Other things may seem objectionable
  when in actuality they are not.
• Keep practicing the objections and hopefully you
  will have them mastered by the time the
  competition comes around.