GunSmokeRP Bar Exam – GunSmokeRP

While we understand most people taking this bar exam are not RL lawyers, for the sake of immersion and sense we are going to cover some commonly misunderstood terminology. This does not mean your character needs to be a good lawyer/judge. It is perfectly acceptable to play a character that is unknowledgeable or simply bad at their job. However, if this isn't the case for your character, we hope the following helps.

HEARSAY

Hearsay is when a statement made outside of testimony is offered for the truth of it. If a statement is being quoted to simply prove it was made, this is not hearsay. This does not only apply to statements from other people, it can also apply when referring to statements the person testifying has made while not in court. There are many exceptions to hearsay you should be aware of, so many in fact that hearsay as an objection is almost completely voided, for example:

1. If the statement was made by the opposing party it is excluded from the hearsay rule. (For example: Sam is testifying for the prosecution in John's trial. Sam says 'John said to me that he was going to kill that man.' This is not hearsay.

2. If the witness has made prior inconsistent statements, even while not under oath. For example, in John's trial he testifies that he has never met Sam before. However, there is a statement from another party that says 'John told me he and Sam often went to drink at the saloon together'. This is not hearsay.

3. If a witness quotes a statement made while shocked or startled and the statement relates to the incident that caused it. For example, Sam testifies he was standing next to another witness, Jane, when she turned to him and said 'Oh my! That man with the black hat just shot that sheriff!'. This is not hearsay.

4. If a statement is made describing the declarant's then current state of mind, motive, intent or emotions. For example 'Just before the shooting happened I heard John say he was going to kill Sheriff Billy and all his family.' This is not hearsay.

For more information on hearsay please take a look at this easy to understand video: Hearsay Evidence: What You Need to Know

LEADING QUESTIONS

Leading questions are questions that suggest the answer the person asking the question is looking to get. For example: 'The man who shot Sheriff Billy, he was wearing a black hat, correct?' or 'you and John went to Sheriff Billy's house on the night of June 9th, yes?'

Questions should be open and the witness given the opportunity to explain their answer in their own words. For example 'Where were you the night of June 9th?' and 'you've testified that you were a witness to the shooting of Sheriff Billy, can you describe what you saw for the court?'.

While leading questions are not permitted (generally speaking) during direct examination they are permitted during cross examination and are often very useful.

Use 'who/what/why/when/how' questions to help ask open, non leading questions.

For more information on leading questions please take a look at this easy to understand video: Objection to Leading Question? Try Rephrasing

SPECULATION

Speculation is when a witness lacks personal knowledge of what they're testifying to. For example 'I know John was furious the night we went to visit Sheriff Billy!' While the witness may believe this he does not know it for fact. What he can testify to are the reasons he believed John was furious. For example 'we travelled to Sheriff Billy's in the car, I was worried because John kept hitting the dashboard and was screaming that he was going to kill Billy.'

This can also relate to an expert witness giving testimony they are not qualified to know. For example, Sheriff Billy's colleague, Deputy Joe is giving testimony: 'Mrs Blake was strangled to death.' Joe is there to give testimony within his role as a deputy, he is not a doctor and Mrs Blake could've died through any manner of means.

For more information on speculation, as well as several other common objections please take a look at this easy to understand video: OBJECTION! Master These 18 Essential Courtroom Objections

GunSmoke bar exam