17.2 Legal Terminology II: Evidence, Objections, Rulings & Trial Terms
Key Takeaways
Under FRE 401, evidence is relevant if it has any tendency to make a fact of consequence more or less probable; FRE 403 lets a court exclude relevant evidence whose probative value is substantially outweighed by dangers such as unfair prejudice.
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted (FRE 801(c)); it is inadmissible unless an exception or exclusion applies.
"Sustained" means the judge agrees with the objection; "overruled" means the judge rejects it and the question may be answered.
Under FRE 103(a)(2), when evidence is excluded, a party preserves the error by informing the court of its substance through an offer of proof, unless the substance was apparent from the context.
This section continues blueprint topic 50101 with the vocabulary of evidence and trial practice.
Core evidence concepts
| Term | Meaning |
|---|---|
| evidence | Testimony, documents and things offered to prove facts |
| direct / circumstantial evidence | Proves a fact directly / supports an inference of the fact |
| exhibit | A document or object marked for identification and offered (Chapter 10) |
| foundation | Preliminary facts showing that evidence is what it claims to be and is admissible |
| authentication | Proof that an item is genuine (FRE 901) |
| relevance | Any tendency to make a fact of consequence more or less probable (FRE 401) |
| probative value vs. unfair prejudice | FRE 403 balancing: relevant evidence may be excluded if its probative value is substantially outweighed by unfair prejudice, confusion or waste of time |
| hearsay | An out-of-court statement offered to prove the truth of the matter asserted (FRE 801(c)); excluded unless an exception applies (FRE 803, 804, 807) or it is defined as not hearsay (FRE 801(d)) |
| privilege | A right to withhold information: attorney-client, work product, spousal, the Fifth Amendment privilege against self-incrimination |
| judicial notice | The court accepts an indisputable fact without proof (FRE 201) |
| impeachment | Attacking a witness's credibility, for example with a prior inconsistent statement |
| refresh recollection | Showing a witness a document to jog memory (FRE 612) |
| stipulated fact | A fact both sides agree to |
| burden of proof | Which party must prove a fact, and to what standard (Chapter 15) |
Objections
Objections are colloquy. AAERT's samples punctuate them with a comma before Your Honor and a semicolon before the ground: Objection, Your Honor; hearsay. Common grounds:
| Objection | The complaint |
|---|---|
| hearsay | The answer repeats an out-of-court statement for its truth |
| relevance | The question has nothing to do with the issues |
| leading | The question suggests the answer, on direct examination (FRE 611(c)) |
| compound | Two or more questions in one (AAERT's sample: Objection, Your Honor; compound.) |
| asked and answered | The question was already answered |
| argumentative | The question argues with the witness instead of asking |
| assumes facts not in evidence | The question relies on facts not yet proved |
| calls for speculation | The witness would have to guess (the Scalini key has this objection) |
| lack of foundation | Preliminary facts have not been established |
| nonresponsive | The answer does not respond to the question; often with a motion to strike |
| narrative | The question invites a long uninterrupted story |
| vague / ambiguous | The question is unclear |
| beyond the scope | Cross-examination exceeds the subject of direct (FRE 611(b)) |
| privileged | The answer would reveal privileged communications |
| form | In depositions, an objection to the form of a question, preserved for later ruling |
Rulings and follow-up
| Term | Meaning |
|---|---|
| sustained | The judge agrees with the objection; the question is not answered, or the answer is stricken |
| overruled | The judge rejects the objection; the witness may answer |
| motion to strike | A request to remove an answer from the jury's consideration. The words stay in the transcript (Chapter 10) |
| offer of proof (proffer) | Telling the court what excluded evidence would have shown, to preserve the issue for appeal (FRE 103(a)(2)) |
| sidebar / bench conference | A discussion out of the jury's hearing |
| reserve ruling | The judge delays deciding |
| sequestration ("the rule") | Excluding witnesses from the courtroom so they cannot hear other testimony (FRE 615) |
| limiting instruction | Telling the jury to consider evidence only for a limited purpose |
Terms that end a case
| Term | Meaning |
|---|---|
| judgment as a matter of law (JMOL) | A federal civil ruling that no reasonable jury could find for a party (FRCP 50) |
| judgment of acquittal | The federal criminal equivalent (FRCrP 29) |
| verdict | The jury's decision; general (who wins) or special (answers to specific questions) |
| hung jury | A jury that cannot reach a verdict |
| mistrial | A trial ended without a verdict, for example after a hung jury or serious error |
| polling the jury | Asking each juror to confirm the verdict |
| contempt | Disobeying or disrespecting the court |
| perjury | Lying under oath |
Hearing it right
Rapid objections are where these terms get mangled. Useful habits:
- Know the list. Objection grounds are a closed set, so "Objection, spec-" is almost always speculation.
- Check the ruling. The judge's Sustained or Overruled often follows too fast to hear on the mixed track; solo the judge's channel.
- Keep both utterances. Objections often overlap the answer; use double dashes and channel isolation (Chapters 3 and 12).
An objection sequence, transcribed
Q. What did your neighbor tell you about the fire?
MR. GRANT: Objection, Your Honor; hearsay.
MS. PATEL: It's not offered for the truth, Your Honor;
it goes to her state of mind.
THE COURT: Overruled. I'll give a limiting instruction.
BY MS. PATEL:
Q. You may answer.
A. She told me the house was on fire and to get out.
What happened, in legal terms: the objection claimed hearsay; counsel responded that the statement was not offered for the truth of the matter asserted (so it falls outside the FRE 801(c) definition); the judge overruled the objection and promised a limiting instruction. The BY line resumes Q and A after the colloquy, as AAERT's samples require (Chapter 9).
Under FRE 801(c), what is hearsay?
Any testimony the judge considers unreliable
A statement made by a witness while testifying under oath
An out-of-court statement offered to prove the truth of the matter asserted
Evidence that is relevant but prejudicial
After counsel objects, the judge says, "Overruled." What does that mean?
The objection is accepted and the question is withdrawn
The answer is stricken from the record
The objection is rejected and the witness may answer
The judge will decide the objection later
An attorney asks, "Did you leave at 8:00, drive to the warehouse and find the lock broken?" Which objection best fits?
Compound
Hearsay
Beyond the scope
Privileged
Sections you finish are checked off in the contents.