Asked in Criminal Law and Constitutional Law for California

Q: What is the difference between "calls for conclusion" and "calls for speculation" objections?

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: "Calls for conclusion" and "calls for speculation" are two common types of objections that are raised during legal proceedings, particularly during direct or cross-examination of witnesses.

A "call for conclusion" objection is made when a question asked of a witness is asking the witness to draw a conclusion or make an inference based on the evidence presented. This type of objection is raised when the witness is asked to provide a legal conclusion, such as whether an act constituted negligence or a breach of contract, rather than simply stating what they observed or experienced.

On the other hand, a "call for speculation" objection is raised when a question asked of a witness is asking the witness to guess or speculate about something that they do not have personal knowledge of or cannot testify to based on the evidence presented. This type of objection is raised when the witness is asked to provide an opinion or guess about something that is beyond the scope of their knowledge, such as why a certain event happened or what someone else was thinking or feeling.

In summary, a "call for conclusion" objection is raised when a question is asking the witness to provide a legal conclusion, while a "call for speculation" objection is raised when a question is asking the witness to guess or speculate about something beyond the scope of their knowledge.

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