Best arguments to support the objections - law, Business Law and Ethics

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Dennis and his brother, Otis, are charged with murdering Johnson. Eyewitnesses had seen the two defendants fighting with the victim outside a bar after midnight. Shortly afterwards, the victim was found shot in the head.

The case against both defendants is now on trial. In the defense case-in-chief, an eyewitness testifies. During direct examination the witness said that he had seen Otis, one or two minutes after the shooting, leaving the scene and tucking a gun under his shirt. During cross-examination, the following happens:

Q. (By prosecutor) When you saw Otis, that was shortly after the shooting, wasn't it?

A. Yes, sir.

Q. And you all were still all excited and everything weren't you?

A. Yes, sir.

Q. And was Otis excited?

A. He didn't look excited to me.

Q. And Otis told you that his brother had shot Johnson because he had taken a swing at his brother?

Defense: Objection, your honor.

Judge: What's the basis?

          A. What objections and motions should be made?

          B. What are the best arguments to support the objections?

          C. What are the best arguments to oppose the objections?


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