Source and Credit: http://mr_sedivy.tripod.com/usgov_9.html
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Descripción: Guitar
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Overcoming Obstacles and Objections
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Sumber : http://www.sagadbl.com/2013/09/koleksi-trial-spm-2013-semua-negeri.html [Blog Cikgu Irwan] Terima kasih banyak2. Selamat berjaya calon SPM 2013
Guitar Techniques 2013 November - 223
Gary Moore The messiah will come again
trial SPM
The following are the list of objections that will be permitted for all Regional Competitions. •
Defined: Asking a question on Direct Examination that suggests sugges ts the particular answer or contains the information the examiner is looking to have confirmed.
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Objectionable on: DIRECT on: DIRECT EXAMINATION only
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Defined: Asking a question where the introductory part of the question assumes a fact that is not in evidence or the existence of which is in dispute.
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Objectionable on: DIRECT EXAMINATION and CROSS EXAMINATION
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Defined: A question that has been asked of a witness once and then is asked again, even if rephrased.
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Objectionable on: DIRECT EXAMINATION and CROSS EXAMINATION
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Defined: When more than one question is combined in what seems to be a single question asked of a witness.
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Objectionable on: DIRECT EXAMINATION and CROSS EXAMINATION
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Defined: Asking a question of a witness where the witness has no personal knowledge or would have to guess to answer the question.
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Objectionable on: DIRECT EXAMINATION EXAMINATION and CROSS EXAMINATION
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Defined: Asking a question which is not pertinent or applicable to the issue before the court or to conveying the attorney’s theory of the case.
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Objectionable on: DIRECTI EXAMINATION and CROSS EXAMINATION
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Defined: Objectionable when an attorney is quoting the law incorrectly.
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Objectionable on: OPENING STATEMENTS and CLOSING ARGUMENTS
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Defined: Objectionable where an attorney has failed to introduce preliminary facts necessary to bring a(n) document/exhibit into evidence.
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Objectionable: DIRECT EXAMINATION and CLOSING ARGUMENTS
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Defined: Objectionable where questions are asked which elicit answers outside questions/testimony presented on direct examination.
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Objectionable: CROSS-EXAMINATION only
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Defined: Where the attorney is asking the witness questions in a hostile manner, harassing the witness, or cutting the witness off before he/she answers.
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Objectionable: CROSS EXAMINATION only
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Defined: Where the witness speaks endlessly on a non-complex question.
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Objectionable: DIRECT EXAMINATION only
When a witness makes a statement in trial that is inconsistent with his or her deposition testimony, you must first highlight the question that was answered differently at trial. You will want to make sure that the trial testimony being impeached is a direct inconsistent statement with the deposition given before trial. Once you have highlighted the statement, you can proceed with the following line of questioning: Example 1. Mr. Durham, do you remember having had your deposition taken on February 19, 2012? 2. Do you remember that a court reporter was present at your deposition? 3. Do you remember having been sworn in to tell the truth? 4. Did you tell the truth on that date? This line of questioning sets the foundation. You are establishing that the witness was deposed previously under oath and that his/her previous testimony was accurate and truthful. After you have set the foundation for the impeachment, then you hit the home run by drawing attention to the inconsistency. "Do you remember having been asked the following question ___________ and giving the following answer_______." Using the deposition transcript is an awesome tool because it’s transcript of testimony that the witness cannot refute. What you have done now is drawn the jury’s attention to the fact that the witness has given inconsistent testimony. By asking the previous series of questions you are setting up the witness to contradict himself/herself in way that is easily understood by the jury.
Identification of the Exhibit: The document’s/exhibit’s authenticity can be established through the testimony of a witness who is able to identify the object in question. Your witness must testify that he/she is familiar with the object from a previous encounter, and also that he/she is able to identify the object in court as that same object from the past. Example: Attorney MUST lay foundation for the exhibit/document PRIOR to attempting to enter said exhibit/document into evidence. Your Honor, I am marking this (letter, document, item) for identification as (People’s Exhibit A, Defense Exhibit 1, etc.). Ask may you approach opposing counsel. --- Judge will grant. Attorney shows the item to opposing counsel. The Judge will ask if opposing counsel has any objections, at which time it is opposing counsel’s option to object or not object to the evidence being used at trial. After objections have taken place, ask the judge if you may approach the witness. Attorney shows the item to the witness and says, “Do you recognize this item marked as Peoples Exhibit A”… Witness responds by saying “Yes or No”. If witness answers “Yes,” Attorney asks “Can you please identify this item for the court” and the witness gives the appropriate identification of the item. Attorney may now ask the witness questions about the document. If the attorney wishes the court to consider the document itself as part of their evidence, then the attorney must move the document or item into evidence. This is accomplished by the Attorney saying “Your Honor I am moving this document/item into evidence, and ask that the Court admit it.”