If a question asks a witness to figure, calculate, or guess about something the witness cannot know, what objection would you raise?

If a question asks a witness to figure, calculate, or guess about something the witness cannot know, what objection would you raise?

• A. Speculation
• B. Relevance
• C. Hearsay
• D. Opinion

Answer: (A)

Speculation is the issue: a witness cannot be asked to figure, calculate, or guess about something they cannot know. Tests like this hinge on keeping testimony within the witness’s actual knowledge and perceptions. A witness may testify to facts they observed or reasonably infer from those observations, but guessing about what someone was thinking, what would happen in the future, or other unknowns goes beyond what they can know and is not allowed. By raising speculation, you prevent testimony that rests on guesswork rather than on perceived facts. Relevance concerns whether something matters to prove a point in the case, hearsay deals with out-of-court statements offered for truth, and opinion is allowed only if the witness’s viewpoint is based on perception or expertise; guessing about unknowns isn’t a proper opinion.

Speculation is the issue: a witness cannot be asked to figure, calculate, or guess about something they cannot know. Tests like this hinge on keeping testimony within the witness’s actual knowledge and perceptions. A witness may testify to facts they observed or reasonably infer from those observations, but guessing about what someone was thinking, what would happen in the future, or other unknowns goes beyond what they can know and is not allowed. By raising speculation, you prevent testimony that rests on guesswork rather than on perceived facts. Relevance concerns whether something matters to prove a point in the case, hearsay deals with out-of-court statements offered for truth, and opinion is allowed only if the witness’s viewpoint is based on perception or expertise; guessing about unknowns isn’t a proper opinion.