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LESSON:
SOURCE:
Sarah McEahern
Mock Trial Rules of Evidence and Objections
Evidence Examples and Explanations by Arthur Best
(chapters 1, 3, 4, & 5) and Street Law Mock Trial
Manual by Patricia McGuire (pg. 18-19, 25)
TIME AND DAY TAUGHT: 50 minutes, May 8, 2014
MATERIALS:
PowerPoint presentation, Pop Quiz handout
I.
II.
Knowledge Objectives
1. Define hearsay, speculation, and impeachment.
2. State at least one purpose for the rules of evidence.
B.
Behavioral/Skills Objectives
1. Recognize leading questions, narration, irrelevant testimony,
hearsay, and opinions.
2. Make proper objections to violations of the rules of evidence.
3. Introduce physical evidence using proper procedure.
4. Impeach a witness using proper procedure.
C.
Attitude Objectives
1. Feel comfortable and confident making objections.
2. Appreciate the importance of following the rules of evidence.
NAME:
Rules of Evidence Review
Decide whether the question or statement violated a rule of evidence. If so,
which one?
1. Jason told me he stole his teachers car, and Jason is on trial for auto theft. I
testify to what he told me.
Y/N Objection_____________________________
2. During direct examination, the attorney asks the witness, You were at school
on May 2nd, isnt that true?
Y/N Objection_____________________________
3. Marco is suing a police officer for alleged police brutality. During trial, he asks
the police officer if he is married. Y/N Objection_____________________________
4. Dr. Mac is a qualified orthopedic surgeon. Dr. Mac testifies that in her expert
opinion, the patient suffered a fracture in his leg. Y/N Objection_______________
5. Joe, the patients teacher, testifies: In my opinion, the patient suffered from a
fracture in his leg.
Y/N Objection_____________________________
6. Meghan has never been in the car with Evelyn or seen her driving. Meghan
testifies that Evelyn is a careless driver. Y/N
Objection_____________________________
7. Calvin testifies that his friend told him the car behind them was going fast and
the driver wasnt paying attention when he crashed. Y/N Objection______________
statement made by a party (Jason), and he can testify himself to affirm or deny his
statement.
2. During direct examination, the attorney asks the witness, You were at school on May
2nd, isnt that true? Yes. This is a leading question because the attorney is leading the
witness to answer that the witness was at school on May 2nd. This could be rephrased,
Where were you on May 2nd?
3. Marco is suing a police officer for alleged police brutality. During trial, he asks the
police officer if he is married. Yes. This is objectionable on the basis of relevance. The
police officers marital status does not have anything to do with his police conduct.
4. Dr. Mac is a qualified orthopedic surgeon. Dr. Mac testifies that in her expert opinion,
the patient suffered a fracture in his leg. No. Dr. Mac is an expert, so her opinion on
medical topics is valid and can be given.
5. Joe, the patients teacher, testifies that the patient suffered from a fracture in his leg.
Yes. The witness is giving his opinion, and he is not an expert on medical injuries. He
could testify about what the leg looked like and his perception of the patients pain
through observation of the patient.
6. Meghan has never been in the car with Evelyn or seen her driving. Meghan testifies
that Evelyn is a careless driver. Yes. Meghan does not have first hand knowledge of
Evelyns driving habits, so she cannot testify.
7. Calvin testifies that his friend told him the car behind them was going fast and the
driver wasnt paying attention when he crashed. Yes. This is hearsay. Calvin cannot use
what his friend said outside of court to prove that the driver wasnt paying attention. He
also does not have first hand knowledge of this.