Cross Examination - Law Dictionary Search Results
Home Dictionary Name: cross examination Page 1 of about 37 results ( seconds)Cross-examination
Cross-examination, the examination of a witness by the opposite side, generally after examination in chief, but some times without such examination; as in the case of an examination on the voir dire, which is in the nature of a cross-examination (see VOIR DIRE); and also if one party calls a witness,and he is sworn, the other party may cross-examine him, although the party who has called him put no question at all to him. Some times questions in cross-examination are allowed by the judge after re-examination. See RE-EXAMINATION. And if a witness be called to prove some preliminary and collateral matter only, as the handwriting of a document tendered in evidence, he is a witness in the cause, and may be cross-examined as to any of the issues in the cause.As to theform of the cross-examination, leading questions are allowed, which is not the case in examination in chief.The questions must be relevant to the issue (see infra), but great latitude is allowed, as a question seemingly irrelev...
cross-examination
cross-examination : the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility see also confrontation clause compare direct examination, recross-examination, redirect examination NOTE: In accordance with Rule 611 of the Federal Rules of Evidence, cross-examination should only refer to matters that were covered during direct examination or that are relevant to the witness's credibility. Anything exceeding these limits is permissible at the court's discretion. Rule 611 also states that “ordinarily leading questions should be permitted on cross-examination.” cross-examine vb cross-examiner n ...
Cross examiner
One who cross examines or conducts a crosse examination...
Re-examination
Re-examination, an examination of a witness after a cross-examination upon matters arising out of such cross-examination. If the re-examination disclose new matter which the cross-examining party could not anticipate, the Court in its discretion may permit him to cross-examine upon it....
Leading question
Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.If a witness by his conduct show himself decided...
Examination
Examination, shall include the examination of blood, blood stains, semen swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case. [Criminal Procedure Code, 1973, s. 53 Expl.]The act of eliciting by questions a person's knowledge of facts or science. A witness undergoes three examinations: (1) Examination-in-chief, which is made by the party calling him; (2) Cross-examination (see that title) by the opposite party; and (3) Re-examination, by the party who called the witness, which is confined to matters arising out of the cross-examination.The questioning of a witness under oath, Black's Law Dictionary, 7th Edn., p. 581.In relation to any goods, includes measurement and weighment thereof. [Customs Act, 1962 (52 of 1962), s. 2 (17)]...
Deposition
Deposition: (1) Depriving of a dignity, etc. (2) The act of giving public testimony, technically, the evidence put down in writing by way of answer to questions. It is an incontrovertible rule at Common Law, that when the witness himself can be produced, his deposition may not be read, for it is not the best evidence. But it may be read not only where it appears that the witness is actually dead, but in all cases where he is dead for all purposes of evidence: as where diligent search has been made for the witness and he cannot be found; where he resides in a place beyond the jurisdiction of the Court; or where he has become lunatic. See now, however, R. S.C. 1883, Ord. XXXVII., rr. 1, 5; and EVIDENCE; PERPETUATE TESTIMONY, BILLS TO.As to deposition in criminal proceedings (in connec-tion with which the term is most commonly used), see especially the (English) Indictable Offences Act, 1848 (11 & 12 Vict. c. 42), s. 17, and the (English) Criminal Law Amendment Act, 1867 (30 & 31 Vict. c....
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
examination
examination : the act or process of examining ;esp : a formal questioning esp. in a court proceeding see also cross-examination, direct examination, recross-examination, redirect examination compare affidavit, deposition ...
direct examination
direct examination : the first examination of a witness by the party calling the witness compare cross-examination, redirect examination NOTE: Leading questions are not allowed on direct examination unless the witness is shown to be hostile. ...
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