Objection hearsay là gì
Here are some common reasons for objecting, which may appear in your state’s rules of evidence. To skip to a specific section, click on the name of that objection: Relevance, Unfair/prejudicial, Leading question, Compound question, Argumentative, Asked and answered, Vague, Foundation issues, Non-responsive, Speculation, Opinion, Hearsay Relevance Example: Asking how many sexual partners someone has had wouldn’t be relevant in a protection order case. Unfair/prejudicial Example: Evidence that one of the parties has been in jail before may be relevant, but that evidence may also be unfairly prejudicial if it paints the party in a bad light to the judge or jury. Leading question Example: On direct examination, this leading question could be objected to: “The car that you saw leave the scene of the robbery was blue, right?” Instead, it should be asked: “What color was the car that you saw leaving the scene of the robbery?” Compound question If you find yourself asking a compound question, don’t get flustered with the other party’s objection and skip the issue entirely. Just separate out the questions, ask them one at a time, and they might then be allowed. Example: Why did you go back into the house and what made you think you it was a good idea to then take the children away? Argumentative Example:
Asked and answered Example:
Vague Example: Let’s say the opposing party asks “Can you tell the court where you went earlier?” The term “earlier” is not specific enough; it’s vague. After an objection, the question could be rephrased to say “Can you tell the court where you went this morning right before you came to court?” In addition, a question that refers to “this” or “that” might be too vague if there is no context as to what “this” or “that” refers to. Foundation issues Example: A person can’t testify that it was a certain person’s voice on the phone, without first explaining that s/he had spoken with the person many times over the last few years and the call came from the same number. Non-responsive Example:
In addition, sometimes when a witness is being questioned on direct examination, s/he will make an effort to explain away a bad answer during the next question, regardless of what the question asked is. This is another instance when you could object to the non-responsive answer. Example:
Speculation Example: A witness could not testify that s/he thinks a person left the house at 8:00 pm unless s/he actually saw the person leave the house, or s/he has some other valid basis for that belief. Second, if a question that is posed can only be answered by using speculation, the question would be objectionable. Example:
Opinion Example: An abuser cannot testify that you are “crazy.” S/he can testify about behaviors s/he might have witnessed that s/he finds concerning. However, any testimony that might suggest some sort of diagnosis would usually be objectionable as opinion. Similarly, you could not testify definitively that the substance you found in the abuser’s glovebox was cocaine unless it was tested by a lab or the abuser admitted it. You could testify that you saw “a white powdery substance in a baggie that appeared to be cocaine,” based on your understanding of the drug and what you looked up online. However, a judge may allow testimony such as “I am a good mother” or “He is a good father” even though that is an opinion. Hearsay |