Meritíssimo, eu protesto!

Enquanto não achamos, em português, os motivos pelos quais um advogado pode protestar, vamos posta-los em inglês.

Retirado do site http://en.wikipedia.org/wiki/List_of_objections_(law)

Proper reasons for objecting to a question asked of a witness include:

* Ambiguous, confusing, misleading, vague, unintelligible: the question is not clear and precise enough for the witness to properly answer

* Arguing the law: counsel is instructing the jury on the law.

* Argumentative: the question makes an argument rather than asking a question

* Asked and answered: the question has been asked and answered before

* Asks the jury to prejudge the evidence: the jury cannot promise to vote a certain way, even if certain facts are proved.

* Asking a question which is not related to an intelligent exercise of a peremptory challenge or challenge for cause: if opposing counsel asks such a question during voir dire.

* Assumes facts not in evidence: the question assumes something as true for which no evidence has been shown

* Badgering: counsel is antagonizing the witness in order to provoke a response, either by asking questions without giving the witness an opportunity to answer or by openly mocking the witness.

* Best evidence rule: requires that the original source of evidence is required if available; for example, rather than asking a witness about the contents of a document, the actual document should be entered into evidence

* Beyond the scope: A question asked during cross-examination has to be within the scope of direct, and so on.

* Calls for a conclusion: the question asks for an opinion rather than facts

* Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts

* Compound question: multiple questions asked together

* Hearsay: the witness does not know the answer personally but heard it from another

* Incompetent: the witness is not qualified to answer the question

* Inflammatory: the question is intended to cause prejudice

* Leading question (Direct examination only): the question suggests the answer to the witness. Leading questions are permitted if the attorney conducting the examination has received permission to treat the witness as a hostile witness. Leading questions are also permitted on cross-examination, as witnesses called by the opposing party are presumed hostile.

* Narrative: the question asks the witness to relate a story rather than state specific facts

* Privilege: the witness may be protected by law from answering the question

* Irrelevant or immaterial: the question is not about the issues in the trial