Mock Trial Objections

The basics of every objection allowed in the Mock

Trial universe.
Questions calling for a Narrative
answer/Narrating
Questions that are vague and allow for a long, drawn
out answer are inappropriate
Ex.) Attorney: Tell us what you know about the case.
When objecting, the attorney should stand and say
Objection. This question calls for a narrative
answer. or Objection. The witness is narrating.
Relevance Rule 401
Relevant evidence is evidence presented that tends
to prove or disprove any material fact related to the
case. Material facts are in the jury instructions.
Ex.) Attorney: Enters Exhibit 1-- the plea agreement
When objecting, the attorney should stand and say
Objection. This question is irrelevant.
Material Facts: premeditation, intent, malice
aforethought, kill a person.
Character of the Witness
Rule 404
Character evidence is evidence that concerns some
trait about the witness other than honesty or
truthfulness.
Ex.) Attorney Detective Wayne you were disciplined in
2010?
When objecting, the attorney should stand and say
Objection. This question calls for improper
character evidence. This is more prejudicial
than probative.
Lack of Personal/Professional
Knowledge
Questions that call for hearsay testimony or a lay
witnesss opinion are inappropriate as they call for
something that the witness has no knowledge of.
Ex.) Attorney: Do you think that the driver was drunk at
the time of the hit and run?
When objecting, the attorney should stand and say
Objection. The witness does not have the
personal knowledge to answer this question.
Leading Questions
Only allowed during cross-examination and when
laying foundation, leading questions are questions
that suggest the answer.
Attorney: The money was under the hay bale, correct?
When objecting, the attorney should stand and say
Objection. Counsel is leading the witness.
Beyond the Scope
Questions that cover information outside of what the
crossing attorney/re-directing attorney brought up in
questioning are considered beyond the scope.
When objecting, the attorney should stand and say
Objection. Counsel is asking a question which is
beyond the scope of my cross/re-direct
examination.
Hearsay
Perhaps the most common objection, Hearsay is an out
of court statement being offered in court to prove the truth
of the matter asserted.
Ex.) Attorney: Now Ms. Smith, you say that you heard your
neighbor say that he was going to kill his wife?
When objecting, the attorney should stand and say
Objection. This question calls for hearsay. or
Objection. The witnesss answer is based on
hearsay.
When objecting to hearsay, be ready for a fight as there
are a plethora of ways to get around a hearsay objection.
Argumentative
Argumentative questioning is when the opposing
attorney questions the witness roughly or in a harsh
tone.
Ex.) Attorney: You killed your wife!!
When objecting, the attorney should stand and say
Objection. Counsel is being argumentative.
Badgering
Similar to argumentative questioning, badgering the
witness is when the opposing attorney asks the
same question several times in order to harass the
witness, usually done in a harsh manner.
When objecting, the attorney should stand and say
Objection. Counsel is badgering the witness.
Asked and Answered
Asked and answered is when a question that has
already been asked and answered is being asked
again. Most often, attorneys do this when they dont
get the answer they wanted.
When objecting, the attorney should stand and say
Objection. This question has already been
asked and answered.
Assumes Facts Not in
Evidence
Questions that assume facts not in evidence jump
straight to the point without showing how they got
there. In other words, they ask about facts that have
not been shown to exist.
Ex.) Attorney (without proving there was a pie in the
first place): You stole the pie, didnt you?
When objecting, the attorney should stand and say
Objection. This question assumes facts not in
evidence.
Lack of Foundation
Lack of foundation is an objection that arises when
an attorney begins to question a witness about a
certain subject without first proving that (s)he is
qualified to answer questions about said subject.
Ex.) Attorney: Can you tell the court a little about how
the bomb was built?
When objecting, the attorney should stand and say
Objection. Counsel has not laid the appropriate
foundation.
NOTE: The opposing party may ask for you to
explain how the appropriate foundation has not been
laid.
Speculation
Closely tied to Lack of Personal Knowledge,
speculative questions ask a witness to testify to the
motives, intentions, or reasons behind the actions of
another without knowledge of said motives,
intentions, or reasons.
Ex.) Attorney: Why do you think he did it?
When objecting, the attorney should stand and say
Objection. This question calls for speculation.
Unresponsive
The attorney directing or crossing a witness may
object if the witness does not directly respond to the
questions put to him/her. Witnesses may also be
unresponsive if their testimony goes beyond what is
asked.
When objecting, the attorney (who should already be
standing) should say Objection. The witness is
being/has become unresponsive.
Unfair Extrapolation
Unfair extrapolation is when a witness includes
testimony that was not originally included in the case
materials and this testimony can potentially affect the
trials outcome.
When objecting, the attorney should stand and say
Objection. The witness is unfairly
extrapolating. or Objection. The witnesss
testimony is going beyond the information
provided in the case materials.
NOTE: This objection should only be made if the
extra information has a profound impact on the trial.
Something to remember with
objections in Mock Trial
Most of the time in Mock Trial, attorney will say
Objection followed by just the objection. They then
offer a brief explanation.
Ex.) Objection, assumes facts not in evidence. There
is no evidence that my client knew this Mrs. Smith that
opposing counsel is referring to.
 Read the following excerpt from the affidavit of
Rankin Bass carefully, then decide on the
appropriate objections for the upcoming scenarios.

On one occasion, I overheard a man who was selling

home-made pastries at the market telling his wife that the
reason no one was purchasing their goods was because the
Spree Party made them outcasts. He said that he thought the
Spree had spies coming to the Knave Party organization
meeting that reported who was in attendance. He felt that it
was not just a coincidence that his business declined shortly
after he started going to the meetings. In my opinion, his
pastries were not very good. Maybe that had something to do
with his lack of customers.
Directing Attorney: Rankin, how did you know this
pastry salesmans political affiliation?
Rankin: Well apart from hearing him say he was a
Knave, he had a sign saying I Hate Oprah Xram!
(the ruler at the time), who was a Spree, and after
someone walked by and claimed they were a Spree,
he threw a pastry at them.
Crossing Attorney: Objection. Unfair extrapolation.

ANSWER
Crossing Attorney: Now, Miss Bass, what color were
these pastries?
Directing Attorney: Objection. Relevance.

ANSWER
Crossing Attorney: You said this man was selling
home-made pastries?
Rankin: Yes.
Crossing Attorney: He sold pastries?
Rankin: Yes, home-made.
Crossing Attorney: So, he was a pastry salesman?
Directing Attorney: Objection. Asked and answered.

ANSWER
Crossing Attorney: Do you think this pastry salesman
was a Unabomber?
Directing Attorney: Objection. Speculation.
ANSWER
Crossing Attorney: How can you say his pastries were
not good!? Are you familiar with the Freedonian
customs and food choices?
Directing Attorney: Objection. Argumentative.

ANSWER
Crossing Attorney: Miss Bass, what was this pastry
salesmans financial situation?
Directing Attorney: Objection. Lack of Personal Knowledge.

ANSWER
Directing Attorney: Miss Bass, lets go back a little to
something we forgot to talk about my first time around
questioning you
Crossing Attorney: Objection. Beyond the scope.
ANSWER
Rankin: Well, let me start from the beginning(talks for
1 minute)
Crossing Attorney: Objection. Narrative.
ANSWER
Crossing Attorney: Miss Bass, do you have a criminal
record?
Rankin: No.
Crossing Attorney: But I have here that youve been
busted for speeding, and it looks like you received a
ticket.
Directing Attorney: Objection.
This question calls for improper character evidence.

ANSWER
Crossing Attorney: Miss Bass, this pastry salesman
allegedly attended Knave meetings?
Rankin: Of course he sold pastries.
Crossing Attorney: But he did attend Knave meetings?
Rankin: Well, yes and no. I heard him say something,
but I cant really tell for sure.
Crossing Attorney: So is that a yes or a no?
Rankin: Well
Crossing Attorney: Objection. Unresponsive.
ANSWER

(Usually the attorney does not say objection for this.)

Directing Attorney: And what, if anything, did this
salesman say?
Crossing Attorney: Objection. Hearsay.

ANSWER
Crossing Attorney: Miss Bass, what hand did you hold the
gun in?
Directing Attorney:
Objection! Assumes facts not in evidence.

ANSWER
Directing Attorney (1st Question): Miss Bass, will you
please tell the court about the incident concerning the
pastry salesman.
Crossing Attorney: Objection. Lack of foundation.
ANSWER
Crossing Attorney: You heard this pastry salesman say
business had gone down?
Rankin: Yes.
Crossing Attorney: Youre telling me that you heard him
say his business had gone down?
Rankin: Yes.
Crossing Attorney: How can you be sure of this? Were
you part of his business?
Directing Attorney: Objection. Badgering.

ANSWER
Directing Attorney: Rankin, you said the pastries tasted
bad, right?
Crossing Attorney: Objection. Leading.
ANSWER
One final note
Keep in mind that the vast majority of objections in
the Mock Trial universe will not be even close to this
easy or clear cut. Most objections can be
overlapped. Other things may seem objectionable
when in actuality they are not.
Keep practicing the objections and hopefully you will
have them mastered by the time the competition
comes around.