TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P30

Gale Encyclopedia of American Law Volume 4 P30 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | EVIDENCE 279 Objection Legal Basis Calls for speculation Is compound Questions that ask the witness to guess or speculate are improper. The question brings up two or more separate facts and any simple answer would be unclear. Is argumentative The question is essentially an argument to the judge or jury it elicits no new information but rather states a conclusion and asks the witness to agree with it. Is an improper characterization Mistakes evidence or misquotes the witness Is cumulative For example the question calls the defendant a spoiled brat greedy pig orfrenzied dog characterization is something the jury or judge not a witness or attorney should infer. Misstating or distorting evidence or misquoting a witness is improper. When numerous witnesses testify to the same facts or numerous exhibits demonstrate the same things without adding anything new the evidence is objectionable. Constitutes an improper impeachment Rules surrounding the impeachment of a person s character or credibility are highly technical. For example evidence of a prior inconsistent statement made by a witness may be used only if the statement is materially inconsistent and is offered in the proper context. Violates the parol evidence rule Is unresponsive or volunteered The parol evidence rule bars evidence of oral or verbal modifications or contradictions of a written contract that is complete and clear on its face. An answer that does not directly respond to a question is objectionable as unresponsive an answer that goes beyond what is necessary to answer the question is objectionable as volunteered. Only the attorney who called the witness may object on these grounds. Objections to Answers Is irrelevant Is immaterial Is privileged Is a conclusion Is improper opinion Is hearsay Is narrative Is improper characterization Objections to Exhibits Lacks proper foundation or lacks foundation or has no foundation Before exhibits can be admitted into evidence attorneys must establish the necessary .

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