OBJECTIONS! ( April 17, 2008) PRACTICAL EXERCISES INSTRUCTIONS: Read/listen to the question...

OBJECTIONS! (April 17, 2008)

PRACTICAL EXERCISES

INSTRUCTIONS:

Read/listen to the question carefully. Write the answer on your answer sheet.

If the question is proper or not objectionable, write PROPER. If the question is objectionable, write the SPECIFIC OBJECTION/S.

You have a couple of seconds to answer each question.

GOOD LUCK!

Question # 1

Direct Examination

“What does the warranty in the Deed of Sale

say?”

Question # 2

Direct Examination – (After witness testified that they signed the Deed of Sale) -

“What did the Defendant do after you both signed the

Deed of Sale?”

Question # 3

During his direct examination, the witness testified that his signature was forged and he did not sign the Deed of Sale.

Cross Examination

“When did you sign the Deed of Sale?”

Question # 4

During his direct examination, the witness was asked, “What was the reaction of Mr. X?”

Witness answered:

“I believe that Mr. X was angry because he was envious of my position in the company

due to my promotion.”

Question # 5

During his direct examination, the witness was asked – “Do you know who signed the contract?”

Witness answered:

“I believe that Mr. X signed the contract.”

Question # 6

Cross-Examination

“What did the police officer tell you?”

Question # 7

Cross-Examination

“Is it true that you saw Dr. Z forge the signature of the Defendant and that you took a picture of Dr. Z while he was signing the disputed

Deed of Sale?”

Question # 8

Direct Examination

“Isn’t it true that you saw Dr. Z forge the signature of

the Defendant?”

Question # 9

Direct Examination – After witness testified he found the Deed of Sale in his Drawer.

“What was the appearance of the Deed of Sale when

you found it in your drawer?”

Question # 10

In his previous answer, the witness testified that he saw Dr. Z forge the signature of the Defendant.

Direct Examination

“Who forged the Defendant’s signature?”

Question # 11

Direct Examination

“Wouldn’t the Defendant be unable or able to sign that Deed of Sale in Makati City if he was actually out of the

country at that very moment?”

Question # 12

In a criminal case for murder, the Prosecutor asks the Accused –

Cross-Examination

“Is it true that there is a pending criminal case for

estafa against you?”

Question # 13

Direct Examination

“Tell us, what happened in this case?”

Question # 14

On cross-examination, the Defendant’s lawyer asked Plaintiff’s witness – “Did you see Dr. Z forge Defendant’s signature.?”

The witness answered -“I was standing about 3 feet

away from Dr. Z.”

Question # 15

Direct Examination – After witness testified that Mr. X talked to him -

“What did Mr. X do about the voided contract after he

talked to you?”

Question # 16

Cross-Examination

“Isn’t it a fact that you do not have a 20-20 vision?”

Question # 17

Direct examination - Prosecutor asks a witness, the victim’s parent, as to the cause of death.

“You said that your son was found dead, what is the

cause of death of your son, if you know?”

Question # 18

Direct examinationAfter witness testified that she met Defendant in the business center, Plaintiff’s counsel then asked about a Deed of Sale -

“After you met with Defendant, did you then

execute the Deed of Sale?”

Question # 19

On re-direct, witness testified that he saw the accused borrow a gun from X. On re-cross, Defendant’s counsel asked –

“Do you know if the accused and X, from whom he

borrowed the gun, were members of the same

gang?”

Question # 20

Cross examination

Is it a fact that you are a 6 footer, therefore, taller than the victim who is only 5’3’’?

CORRECT ANSWERS

1. Best Evidence2. Proper3. Misleading4. Proper to the

Reaction but could be speculative/no basis for Reason

5. Speculative6. Hearsay7. Multiple8. Leading9. Proper

10.Repetitive11.Vague12.Irrelevant &

Immaterial13. Narrative/Vague14.Non-Responsive To

The Question15.Improper

Characterization16.Misleading / Vague

(Double Negative)

CORRECT ANSWERS

17. Witness is Incompetent

18. No proper foundation/ leading

19. Beyond the scope of the re-direct examination

20. Proper (if there is prior evidence that victim is 5’3). Otherwise, misleading or no basis.