WorksheetsEVIDENCE - PRESERVING OBJECTIONS
Total questions: 24
Worksheet time: 12mins
True or False. The Judge normally decides the facts in a jury trial:
TRUE
FALSE
True or False: Juries normally decide the facts of the case - like “did the plaintiff run a red light?”
TRUE
FALSE
True or False: Judges normally tell the jury what the facts of the case are.
TRUE
FALSE
True or False: Judges normally point out when an attorney tries to do something that the rules of evidence prohibit.
TRUE
FALSE
Whose job is it to protect the record from inadmissible evidence?
Judge
Jury
Attorneys
None of these
______ are required to make objections that are timely and specific.
Judge
Jury
Attorneys
None of these
If the _____ sustains an objection, the evidence is excluded.
Judge
Jury
Attorneys
None of these
If the _____ overules an objection, the evidence is admitted.
Judge
Jury
Attorneys
None of these
It is the job of the ____ to decide the facts of the case in a jury trial.
Judge
Jury
Attorneys
None of these
It is the job of the ____ to rule on objections.
Judge
Jury
Attorneys
None of these
True or False. Attorneys protect the record from inadmissible evidence, either by objecting or by moving to strike.
TRUE
FALSE
True or False. If a judge agrees with an objection, they overrule the objection and admit the evidence.
TRUE
FALSE
True or False. If a judge disagrees with an objection, they sustain the objection and exclude the evidence.
TRUE
FALSE
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.
TRUE
FALSE
True or False. We require attorneys to "timely" object to improper questions, because that gives opposing counsel a chance to fix their question.
True
False
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.
True
False
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.
True
False
True or False. Attorneys use a motion to strike BEFORE the witness answers.
TRUE
FALSE
True or False. Attorneys use a objection AFTER the witness answers.
TRUE
FALSE
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.
True
False
Are you ready to do the SADs on the test?
Yes
No
I don't know what a SAD is.
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.
True
False
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.
TRUE
FALSE
Which of these are ways that an attorney can make an offer of proof:
Explain what evidence they would admit into evidence, if the judge allowed it
Question a witness
List exhibits
Sing the alphabet
Wear a funny hat
