Leading Question - Law Dictionary Search Results
Home Dictionary Name: leading questionLeading 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...
leading question
leading question see question ...
question
question 1 : a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question [hī-pə-the-ti-kəl] : a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and the answer to which is an opinion to be considered in light of the evidence NOTE: Modern rules of evidence have lessened the need for a hypothetical question setting forth all of the facts to be assumed in answering the question. An expert witness may state an opinion based on data or facts considered reliable in his or her field even if not already disclosed or not admissible as evidence. leading question : a question so framed or presented as to suggest a particular answer [leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony "Federal Rules of Evidence Rule 611(c)"] NOTE: Leading questions are permitted in direct examination of ...
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...
witness
witness [Old English witnes knowledge, testimony, witness, from wit mind, sense, knowledge] 1 a : attestation of a fact or event [in whereof the parties have executed this release] b : evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal 2 : one who gives evidence regarding matters of fact under inquiry ;specif : one who testifies or is legally qualified to testify in a case or to give evidence before a judicial tribunal or similar inquiry [a before a congressional committee] [no person…shall be compelled in any criminal case to be a against himself "U.S. Constitution amend. V"] compare affiant, deponent adverse witness : a witness who is called by or associated with an opposing party or who by statement, conduct, or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called [sought to have his witness declared an adverse witness subject to impeachment] called als...
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 ...
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. ...
identify
identify -fied -fy·ing 1 : to consider as united or associated (as in interests or principles) [can ask leading questions of a witness who is identified with an adverse party] 2 : to establish the identity of [ing the suspect] 3 : to specify or designate (goods) as the object of a contract used in the phrase identify to the contract [the disputed beans were goods identified to the contract] NOTE: Under the Uniform Commercial Code, once goods are identified to a contract, the buyer has a special property interest and an insurable interest in the goods. This gives the buyer the right to seek damages and other relief. This identification can be done at any time and in any manner agreed to by the parties or as otherwise specified in the U.C.C. iden·ti·fi·able adj iden·ti·fi·ca·tion n ...
lead
lead led lead·ing : to suggest the desired answer to (a witness) by asking leading questions n : something serving as a tip, indication, or clue [the police have only one in the murder investigation] ...
Question of law arising out of such order
Question of law arising out of such order, s. 66(1) speaks of a question of law that arises out of the order of the Tribunal. Now a question of law might be a simple one, having its impact at one point, or it may be a complex one, trenching over an area with approaches leading to different points therein. Such a question might involve more than one aspect, requiring to be tackled from different standpoints. All that s. 66(1) requires is that the question of law which is referred to the Court for decision and which the Court is to decide must be the question which was in issue before the Tribunal. Where the question itself was under issue, there is no further limitation imposed by the section that the reference should be limited to those aspects of the question which had been argued before the Tribunal. It will be an over-refinement of the position to hold that each aspect of a question is itself a distinct question for the purpose of s. 66(1) of the Act, Commissioner of Income Tax v. I...
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