One of the
most important skills which a lawyer must possess is the ability to understand
when they can object in a Hearing/ Trial.
When one
lawyer raises an objection, they must be able to name the grounds in which they
are objecting. In other words, just because the lawyer does not like a
question which the opposing lawyer has asked a witness, that does not mean that
they can raise an objection as the lawyer needs to be able to articulate the
legal basis to their objection, beyond simply disagreeing with the question/
questions which are being asked.
Lawyers
would have learned the topic on the grounds to object in ‘Evidence Law’ during
their university time as law students. A lawyer in a trial or a hearing must be
able to correctly name the objection and understands its connection to a rule
of evidence. For a very quick cheat sheet, here are the most common
objections which you may hear lawyers say in Court:
–
Hearsay
-Relevance
-Probative
value outweighed by prejudicial effect
-Improper
lay opinion evidence
–
Leading question (when a lawyer asks a witness during their examination in
chief a leading question which suggests the answer)
–
Objection to the form of the question (Vague, ambiguous, compound question,
confusing or even a misleading type of question)
-Cumulative
(asked and answered)
-Assumes
facts not in evidence
–
Object to the subject matter of the question (some questions may misrepresent
evidence).
–
Objection to substance of the question (Witness giving evidence should say what
they saw, heard or otherwise perceived and not give a personal comment as to
the issues at hand as that is for the Courts to decide and not the witness)
-Calls
for speculation
-Improper
character evidence
-Argumentative
-Interrupting
a witness/not allowing them to answer
Why
Should you Choose Nicopoulos Sabbagh Lawyers to
represent you in your Court Case? Nicopoulos Sabbagh Lawyers a reputable Law
Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex
matters and our office appears in all Jurisdictions in Criminal Law.
No matter
is too complex for the team so be sure to book your first Free Consultation
today!
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 16th September 2024.
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