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.

Last updated: September 2026

This section continues blueprint topic 50101 with the vocabulary of evidence and trial practice.

Core evidence concepts

TermMeaning
evidenceTestimony, documents and things offered to prove facts
direct / circumstantial evidenceProves a fact directly / supports an inference of the fact
exhibitA document or object marked for identification and offered (Chapter 10)
foundationPreliminary facts showing that evidence is what it claims to be and is admissible
authenticationProof that an item is genuine (FRE 901)
relevanceAny tendency to make a fact of consequence more or less probable (FRE 401)
probative value vs. unfair prejudiceFRE 403 balancing: relevant evidence may be excluded if its probative value is substantially outweighed by unfair prejudice, confusion or waste of time
hearsayAn 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))
privilegeA right to withhold information: attorney-client, work product, spousal, the Fifth Amendment privilege against self-incrimination
judicial noticeThe court accepts an indisputable fact without proof (FRE 201)
impeachmentAttacking a witness's credibility, for example with a prior inconsistent statement
refresh recollectionShowing a witness a document to jog memory (FRE 612)
stipulated factA fact both sides agree to
burden of proofWhich 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:

ObjectionThe complaint
hearsayThe answer repeats an out-of-court statement for its truth
relevanceThe question has nothing to do with the issues
leadingThe question suggests the answer, on direct examination (FRE 611(c))
compoundTwo or more questions in one (AAERT's sample: Objection, Your Honor; compound.)
asked and answeredThe question was already answered
argumentativeThe question argues with the witness instead of asking
assumes facts not in evidenceThe question relies on facts not yet proved
calls for speculationThe witness would have to guess (the Scalini key has this objection)
lack of foundationPreliminary facts have not been established
nonresponsiveThe answer does not respond to the question; often with a motion to strike
narrativeThe question invites a long uninterrupted story
vague / ambiguousThe question is unclear
beyond the scopeCross-examination exceeds the subject of direct (FRE 611(b))
privilegedThe answer would reveal privileged communications
formIn depositions, an objection to the form of a question, preserved for later ruling

Rulings and follow-up

TermMeaning
sustainedThe judge agrees with the objection; the question is not answered, or the answer is stricken
overruledThe judge rejects the objection; the witness may answer
motion to strikeA 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 conferenceA discussion out of the jury's hearing
reserve rulingThe judge delays deciding
sequestration ("the rule")Excluding witnesses from the courtroom so they cannot hear other testimony (FRE 615)
limiting instructionTelling the jury to consider evidence only for a limited purpose

Terms that end a case

TermMeaning
judgment as a matter of law (JMOL)A federal civil ruling that no reasonable jury could find for a party (FRCP 50)
judgment of acquittalThe federal criminal equivalent (FRCrP 29)
verdictThe jury's decision; general (who wins) or special (answers to specific questions)
hung juryA jury that cannot reach a verdict
mistrialA trial ended without a verdict, for example after a hung jury or serious error
polling the juryAsking each juror to confirm the verdict
contemptDisobeying or disrespecting the court
perjuryLying 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).

Test Your Knowledge

Under FRE 801(c), what is hearsay?

A

Any testimony the judge considers unreliable

B

A statement made by a witness while testifying under oath

C

An out-of-court statement offered to prove the truth of the matter asserted

D

Evidence that is relevant but prejudicial

Test Your Knowledge

After counsel objects, the judge says, "Overruled." What does that mean?

A

The objection is accepted and the question is withdrawn

B

The answer is stricken from the record

C

The objection is rejected and the witness may answer

D

The judge will decide the objection later

Test Your Knowledge

An attorney asks, "Did you leave at 8:00, drive to the warehouse and find the lock broken?" Which objection best fits?

A

Compound

B

Hearsay

C

Beyond the scope

D

Privileged

Sections you finish are checked off in the contents.