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7 Cards in this Set

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Ambiguous
An ambiguous question is one that could have more than one meaning.
Ex: "Did you get it?"
(Get what? We have no idea how the speaker is using the word "it.")
Argumentative
An argumentative question is asked for the purpose of persuading a jury or judge rather than to elicit information (it sounds like the attorney is making a point). It calls for no new facts by the witness but appears to ask for inferences to be conceded from the question. It can be argumentative in content or TONE.
Ex:"And it didn't occur to you to slow down at that point?" (attorney is arguing that the witness should have slowed down)
This is why it is important to recite the question to yourself in your head as you are reading the fact pattern. This objection is Very difficult to spot without hearing the TONE of the lawyer's voice.
Assumes Facts no in Evidence
An attorney may not assume, as true, any facts not already introduced into evidence.
Ex:"When did you last use heroin?" (it hasnt been established that the witness ever used heroin)
Compound
A compound question is one that requires two answers.
Ex:"Weren't you carrying a knife and some pepper spray?" (which is it? how would the witness answer if he or she was only carrying one of these?)
Look closely for the words "or" and "and." These are signals that the question is compound in nature.
Calls for a Legal Conclusion
A question that calls for a legal conclusion asks the witness to state an opinion about an issue that is one of the legal matters to be decided in the case.
Ex:(Negligence case)"So what do you think caused your injuries?" (causation is an element of neg and therefore it would be a legal conclusion in this case)
This objection also applies to answers. The question can improperly "call for a legal conclusion" but the answer can improperly "state a legal conclusion."
Calls for a Narrative
A question that calls for a narrative is so broad and general it permits the witness to narrate. It is objectionable because it may produce irrelevant or otherwise inadmissible testimony. Each question should limit the witness to answering a specific question on a specific subject.
Ex:"Tell me everything that happened to you that night."
A question that calls for a narrative occasionally produces an answer that is non-responsive, so watch out for that partner-objection. For example, when witness starts rambling on in a narrative fashion, and the FORM of the question was not objected to, the attorney should then move to strike the narrative answer as non-responsive. For bonus points, discuss how a question that calls for a narrative could have been narrower or more specific.
Leading
A leading question suggests the answer the examining party desires.