Thursday, September 28, 2006

Objection...........Uh...........

Trial advocacy is one of my more favorable classes as it is a class that teaches the happenings at the beginning of a true trial all the way to closing arguments. I'd someday would like to try trials in some capacity so I kind of dig the matters covered in class.

So today we have seven minutes to conduct direct examination. The night before I prepared, reading the facts of the case, strategizing, drawing up my questions, and figuring out what objections may come up from the other side. and from me. Kool? Yea kool.

It's funny when you know things, but can't quite express it. That's how I feel sometimes when it comes to evidence and objections. I know when counsel is trying to sneak something in, I recognize when a question may not be proper, its just a matter of getting it out and citing the rules.

So I am sitting there anticipating my opponent asking about my fake clients past conviction. I know he's gonna go there with it, he's gonna try to get the jury to hear about it. I even have the rule scribbled somewhere on my legal pad. Here it comes, he's setting it up, Didn't you get c o n v i........OBJECTION YOUR HONOR

Here comes the problem. Instead of simply stating the Rule of evidence I am citing, I commence to somehow come up with 4 objections, two of which were right, two others somehow come out as back up's. Judge says, ok.....I've got four objections on the floor, uh.....which one you want. Idiot....

All I had to say was the rule, instead I run off everything close to why the damn statement should be stricken. It was kind of funny, because the judge made me go down the list, from the rule sited, to the first which was correct. I needed to be dressed down like that. I knew the bizness, but I wanted to be right plus just in case, have some backup objection. Dumb.

All I had to do was stick to my guns and be confident that I am correct, if I am wrong, ok, then object again. No need to second guess, but I am learning things everyday. I don't think one learns confidence, it is something that builds up. I hate being wrong though, but, there really are no buts.

So, after five minutes of going over the rules of evidence, working out why the additional three objection were not applicable and why the first one is likely correct, the judge gives my opponent a chance to argue why the conviction should be allowed, he too rumbles a second or two and gives his reasons.

Counselor your objection is SUSTAINED...

See how easy it can be when you stick to the game plan Spike? Yep. Tighten up son.....

1 Comments:

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