TX YG Objections - Trial Court

Summary

This video offers a detailed breakdown of hearsay exceptions in legal proceedings, with a focus on mock trial competition. It covers several key exceptions such as Present Sense Impression, Excited Utterance, Business Records, Dying Declarations, and Opposing Party Statements. The speaker explains the nuances of these rules, providing examples and stressing their strategic importance in court. Emphasizing the value of understanding hearsay exceptions, the speaker encourages mock trial participants to object strategically, offering valuable insights for those preparing for local, state, or national competitions.

Takeaways

• 😀 Only the attorney asking questions can make objections; co-counsel can assist but cannot verbally object.
• 😀 Make objections strategically; overusing them can hurt your case and distract the judge or jury.
• 😀 'Relevance' objections are often overused; most evidence in YG cases is relevant and should generally not be excluded.
• 😀 Use Rule 403 to object when evidence, though relevant, is substantially outweighed by prejudicial effect.
• 😀 'Speculation' objections prevent witnesses from guessing; lay witnesses testify only to personal knowledge, while experts may infer from evidence.
• 😀 'Narrative' objections are for questions or answers that allow the witness to give overly long, unstructured responses.
• 😀 'Leading question' objections apply on direct examination, not cross; yes/no questions are not automatically leading.
• 😀 'Asked and answered' prevents repetitive questioning, conserving court time, but cross-examination can re-establish facts.
• 😀 Hearsay is an out-of-court statement offered for the truth of the matter asserted; exceptions include present sense impression, excited utterance, then-existing mental or physical condition, business records, statement against interest, and dying declarations.
• 😀 Statements by opposing parties or their employees within the scope of employment are not hearsay under 801(E)(2).
• 😀 Maintain proper decorum; objections like 'badgering the witness' protect witnesses from aggressive questioning.
• 😀 Argumentative objections stop attorneys from making statements or summarizing past testimony instead of eliciting answers.
• 😀 Understanding objections and hearsay exceptions thoroughly provides a competitive edge in YG mock trial competitions.

Q & A

Who is allowed to make objections during a Youth & Government mock trial?

Only the attorney who is questioning a witness can make objections. Co-counsel may prepare notes or suggest objections silently but cannot speak in court.

Why should objections be used strategically rather than frequently?

Excessive objections can interfere with the judge and jury's understanding of the case and may harm the team's score. Strategic objections demonstrate understanding of the rules and strengthen the case.

What is the difference between 'objection speculation' and 'objection calls for speculation'?

'Objection calls for speculation' refers to a question asking the witness to guess or infer something beyond their knowledge. 'Objection speculation' refers to a witness's answer that goes beyond personal knowledge.

When is it appropriate to object to a leading question?

Leading questions should only be objected to when asked on direct examination, as they suggest the answer. Leading questions on cross-examination are typically allowed.

What does 'objection narrative' mean and when is it used?

'Objection narrative' is used when a question invites the witness to give a long, open-ended story rather than a concise answer. It ensures the testimony stays within the scope of the question.

What is hearsay and why is it generally excluded?

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is excluded because the declarant cannot be cross-examined, making the statement less trustworthy.

Can you give an example of the 'present sense impression' hearsay exception?

Yes. An example is someone saying, 'The wind is really picking up right now,' while observing the condition. The statement describes an event as it is happening.

What is the 'excited utterance' exception to hearsay?

A statement made relating to a startling event or condition while the declarant is under stress caused by that event. For example, 'You almost ran over me!' immediately after a car almost hits someone.

What qualifies as a 'statement of a party opponent' under hearsay rules?

Statements made by an opposing party, or by their employees acting within the scope of employment, are not considered hearsay and can be used in court.

Why is the Rule 403 objection sometimes preferred over a relevance objection?

Rule 403 allows exclusion of evidence that may have low probative value but could be prejudicial, distracting, or unfairly bias the jury, making it a more strategic choice than simply objecting for relevance.

What is the business records exception to hearsay (Rule 803(6))?

This exception allows regularly kept business documents to be admitted as evidence if they were made at or near the time of the event, in the regular course of business, making them more trustworthy.

How can a witness’s mental or emotional state be relevant under hearsay exceptions?

Under Rule 803(3), statements about the declarant’s then-existing mental, emotional, or physical condition are admissible, such as expressing intent, motive, or feelings at the time of the statement.