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EVIDENCE - PRESERVING OBJECTIONS

Total questions: 24

Worksheet time: 12mins

Name
Class
Date
1.

True or False. The Judge normally decides the facts in a jury trial:

a)

TRUE

b)

FALSE

2.

True or False: Juries normally decide the facts of the case - like “did the plaintiff run a red light?”

a)

TRUE

b)

FALSE

3.

True or False: Judges normally tell the jury what the facts of the case are.

a)

TRUE

b)

FALSE

4.

True or False: Judges normally point out when an attorney tries to do something that the rules of evidence prohibit.

a)

TRUE

b)

FALSE

5.

Whose job is it to protect the record from inadmissible evidence?

a)

Judge

b)

Jury

c)

Attorneys

d)

None of these

6.

______ are required to make objections that are timely and specific.

a)

Judge

b)

Jury

c)

Attorneys

d)

None of these

7.

If the _____ sustains an objection, the evidence is excluded.

a)

Judge

b)

Jury

c)

Attorneys

d)

None of these

8.

If the _____ overules an objection, the evidence is admitted.

a)

Judge

b)

Jury

c)

Attorneys

d)

None of these

9.

It is the job of the ____ to decide the facts of the case in a jury trial.

a)

Judge

b)

Jury

c)

Attorneys

d)

None of these

10.

It is the job of the ____ to rule on objections.

a)

Judge

b)

Jury

c)

Attorneys

d)

None of these

11.

True or False. Attorneys protect the record from inadmissible evidence, either by objecting or by moving to strike.

a)

TRUE

b)

FALSE

12.

True or False. If a judge agrees with an objection, they overrule the objection and admit the evidence.

a)

TRUE

b)

FALSE

13.

True or False. If a judge disagrees with an objection, they sustain the objection and exclude the evidence.

a)

TRUE

b)

FALSE

14.

True or False. If an attorney fails to preserve the claim of error during the trial, the appeals court will NOT consider the error as a grounds for appeal.

a)

TRUE

b)

FALSE

15.

True or False. We require attorneys to "timely" object to improper questions, because that gives opposing counsel a chance to fix their question.

a)

True

b)

False

16.

True or False. We require attorneys to "timely" object to improper questions, and state the "specific grounds" for their objection, because that gives the judge a chance to make the correct ruling.

a)

True

b)

False

17.

True or False. Both an objection and a motion to strike are raised when the attorney believes evidence is not admissible - timing is the only difference between the two.

a)

True

b)

False

18.

True or False. Attorneys use a motion to strike BEFORE the witness answers.

a)

TRUE

b)

FALSE

19.

True or False. Attorneys use a objection AFTER the witness answers.

a)

TRUE

b)

FALSE

20.

True or False. A court of appeals won't consider arguments that evidence was improperly admitted during the trial, unless the attorney made an objection that was both timely and specific.

a)

True

b)

False

21.

Are you ready to do the SADs on the test?

a)

Yes

b)

No

c)

I don't know what a SAD is.

22.

True or False: The plaintiff’s negligence is not “of consequence” in the Papa Don’s case because comparative fault is not a defense to intentional torts like battery.

a)

True

b)

False

23.

When a trial judge improperly excludes addmissable evidence, the attorney should use an offer of proof to show the court of appeals what the evidence would have been.

a)

TRUE

b)

FALSE

24.

Which of these are ways that an attorney can make an offer of proof:

a)

Explain what evidence they would admit into evidence, if the judge allowed it

b)

Question a witness

c)

List exhibits

d)

Sing the alphabet

e)

Wear a funny hat