Direct and Cross Examination OutlineFull description
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The fiduciaries of Michael Jackson's estate filed an estate tax return showing a value of $7 million. The IRS issued a notice of deficiency claiming a value of $1.32 billion, and demanded ad…Full description
Direct ExaminationFull description
Direct Examination
EvidenceFull description
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questions
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sample question for direct examination of an expert witness in a rape case
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THE ART OF CROSS EXAMINATION
Different Types of Cross ExaminationFull description
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Possible questions for Cross of a Police Officer testifying as Poseur-Buyer or Immediate Back-up in a Buy-bust Operation
English Lesson Plan for grade 8 studentsFull description
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GROUNDS FOR OBJECTION
Proper reasons for objecting to a question asked to a witnes s include: ’
A m b i g u o u s , c o n f u s i n g , m i s l e a d i n g , v a g u e, a n d u n i n t e l l i g i b l e : the
question is not clear and precise enough for the witness to properly answer.
A r g u m e n t a t i v e : the question makes an argument rather than asking a
question.
A s k e d a n d a n s w e r ed ed : when the same attorney continues continues to ask the
same question and they have already received an answer.
A s s u m e s f a c t s n o t i n ev ev i d e n c e: the question assumes something as
true for which no evidence has been shown.
B a d g e r i n g : 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.
B e s t e v i d e n c e r u l e : requires that the original source, if available,
document should be entered into evidence. Full original document should be introduced into evidence instead of a copy, but judges often allow copies if there is no dispute about authenticity. Some documents are exempt by hearsay by hearsay rules of evidence. evidence.[2]
B e y o n d t h e s c o p e : A question asked during cross-examination cross-examination has to
be within the scope of direct, and so on.
C a l ls l s f o r a c o n c l u s i o n : the question asks for an opinion rather than
facts.
C a l ls l s f o r s p e c u l a t i o n : the question asks the witness to guess the
answer rather than to rely on known facts.
C o m p o u n d q u e s t io i o n : multiple questions asked together. Hearsay : the witness does not know the answer personally but heard it
from another. However, there are several exceptions to the rule against hearsay. against hearsay.
I n c o m p e t e n t : the witness is not qualified to answer the question.
Inflammatory : the question is intended to cause prejudice.
L e a d in g q u e s t i o n (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.
P r i v i l e g e : the witness may be protected by law from answering the
question.
Irrelevant or i m m a t e r i a l : the question is not about the issues in the
trial.
Coun sel is testifying : this is objection sometimes used when counsel
is “leading” or “argumentative” or “assumes facts not in evidence.”
Proper reasons for objecting to material evidence include:
L a c k o f f o u n d a t i o n : the evidence lacks testimony as to its authenticity
or source.
Fruit of the poisonous tree: the evidence was obtained illegally, or the investigative methods leading to its discovery were illegal. B e s t e v i d e n c e r u l e o r h e a r s a y e v i d e n c e : requires that the original
source of evidence is required. Proper reasons for objecting to a witness's answer include:
Narrative: the witness is relating a story in response to a question that
does not call for one.
Non-responsive: the witness's response constitutes an answer to a question other than the one that was asked, or no answer at all. Nothing pending: the witness continues to speak on matters irrelevant to the question.