Complete reference guide with definitions, examples, and practice tips
An out-of-court statement offered to prove the truth of the matter asserted. If a witness repeats what someone else said outside of court to prove that what was said is true, it is hearsay and generally inadmissible.
A question that suggests its own answer or assumes a fact not yet in evidence. Leading questions are generally prohibited on direct examination but permitted on cross-examination.
Evidence must have a tendency to make a fact of consequence more or less probable. Irrelevant evidence — that which has no logical connection to the issues in the case — is inadmissible.
A witness may only testify to matters within their personal knowledge. When a witness guesses, speculates, or offers opinions without a proper foundation, the testimony is objectionable as speculation.
Before evidence can be admitted, the party offering it must establish a proper foundation — showing the evidence is authentic, the witness has personal knowledge, or the proper predicate has been laid for the type of evidence.
An objection raised when counsel asks a question that has already been asked and answered by the witness. This prevents repetitive questioning designed to harass the witness or unfairly emphasize a point.
An objection raised when an attorney is arguing with the witness rather than asking questions, or making arguments that should be saved for closing statements. The attorney's role during examination is to elicit testimony, not to debate.
A question that asks two or more separate questions at once, making it impossible for the witness to give a clear answer to each part and confusing the record.
A question that presupposes as true a fact that has not been established through testimony or evidence. This smuggles unproven facts into the record through the framing of the question.
On cross-examination, questions must be limited to the subject matter covered during direct examination (and matters affecting credibility). Questions that go beyond what was covered on direct are objectionable.
Even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, or needlessly presenting cumulative evidence.
Put your knowledge to the test with interactive drills