TLC_026: OBJECTIONS and SIDEBARS

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OBJECTIONIn This Episode:

I pull back the curtain on the laws relating to OBJECTIONS and SIDEBAR CONFERENCES.  The law allows both sides in a criminal or civil case to object to certain questions or answers that are being asked or elicited in open court. There are Rules of Evidence that govern what the jurors can and cannot hear.  When one side feel the other is violating those rules, an objection is posed. If the objection is “overruled” that means that the Court is disagreeing with the side making the objection and the judge will allow the question or the answer to stand. If the objection is “sustained” that means that the Court is agreeing with the party making the objection and the question will not be allowed or the answer (if already given) will be struck from the record. 

Sidebar conferences occur at the discretion of the court. The judge can order the parties to “approach the bench” to discuss a matter to be heard outside the presence of the jurors and the lawyers can also request a “sidebar” to argue a point of law. Many times the sidebars are for the purpose of arguing legal issues that the jurors cannot be privy to, but just as often they are for the more mundane purposes of scheduling or requesting bathroom breaks.

TRIAL LAWYER MENTOR Quick Tip:

Quick Tip for giving your audience an “insider’s” secret that will help make your presentations more compelling and your message more memorable.

 LAWYERS and LAW STUDENTS:

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TLC_025: DOMESTIC VIOLENCE LAWS

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Domestic-ViolenceIn This Episode:

I pull back the curtain on the laws relating to Domestic Violence. We explore how and why it is treated differently than other types of assault. We also discuss why these cases are difficult for all participants in the legal system. Frequently prosecutors are unwilling to negotiate a plea bargain for fear that if the perpetrator reoffends, they will be held accountable. Prosecutors are faced with recanting witnesses who through fear, love or financial need will often come to court and ask that the charges be dropped, despite serious injuries in some cases. When the allegations are falsely made, which does happen more often than many care to admit, the lives of the accused can be ruined by the fact of the allegation itself.

TRIAL LAWYER MENTOR Quick Tip:

Quick Tip for finding the context, focus and perspective when you are crafting your next persuasive presentation.

 LAWYERS and LAW STUDENTS:

Click here to sign up for our free newsletter where I share in depth tips and strategies for mastering the Art of the Jury Trial. And be sure to check back soon for a special offer exclusively for attorneys!

Download AUDIO here (MP3)