In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination and may be followed by a redirect. A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses.
The direct examination or examination-in-chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the lawyer/side/party that called such witness in a trial. Direct examination is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense.
A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. This concept is used in the legal proceedings in the United States, and analogues of it exist in other legal systems in Western countries.
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading questions can be objectionable or proper.
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.
Testimony is a solemn attestation as to the truth of a matter.
My Cousin Vinny is a 1992 American comedy film directed by Jonathan Lynn, written by Dale Launer, and produced by Launer and Paul Schiff. It stars Joe Pesci, Ralph Macchio, Marisa Tomei, Mitchell Whitfield, Lane Smith, Bruce McGill, and the final film appearance of Fred Gwynne. The film was distributed by 20th Century Fox and released on March 13, 1992.
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article 32, which mandates the hearing.
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts.
A double-barreled question is an informal fallacy. It is committed when someone asks a question that touches upon more than one issue, yet allows only for one answer. This may result in inaccuracies in the attitudes being measured for the question, as the respondent can answer only one of the two questions, and cannot indicate which one is being answered.
In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.
Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and continuing legal education programs. It may also be taught in primary, secondary, and undergraduate schools, usually as a mock trial elective.
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence in violation of the rules of evidence or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The judge then makes a ruling on whether the objection is "sustained" or "overruled". An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question. Research finds that frequent objections by attorneys do not alienate jurors.
Inherit the Wind is an American play by Jerome Lawrence and Robert Edwin Lee, which debuted in 1955. The story fictionalizes the 1925 Scopes "Monkey" Trial as a means to discuss the then-contemporary McCarthy trials.
The Art of Cross-Examination is a classic text for trial attorneys and law students on how to cross-examine witnesses. Written by American attorney Francis L. Wellman, the book was first published in 1903 by The Macmillan Company, and was still in print more than 100 years later.
A suggestive question is one that implies that a certain answer should be given in response, or falsely presents a presupposition in the question as accepted fact. Such a question distorts the memory thereby tricking the person into answering in a specific way that might or might not be true or consistent with their actual feelings, and can be deliberate or unintentional. For example, the phrasing "Don't you think this was wrong?" is more suggestive than "Do you think this was wrong?" despite the difference of only one word. The former may subtly pressure the respondent into responding "yes", whereas the latter is far more direct. Repeated questions can make people think their first answer is wrong and lead them to change their answer, or it can cause people to continuously answer until the interrogator gets the exact response that they desire. The diction used by the interviewer can also be an influencing factor to the response given by the interrogated individual.
In court proceedings in the United States, a Perry Mason moment is said to have occurred whenever information is unexpectedly, and often dramatically, introduced into the record that changes the perception of the proceedings greatly and often influences the outcome. Often it takes the form of a witness's answer to a question, but it can sometimes come in the form of new evidence. It takes its name from Perry Mason, a fictional character in novels and stories written by Erle Stanley Gardner, where such dramatic reversals occurred, often in the form of witnesses confessing to crimes others were accused of in response to the sudden exposure of an inconsistency in their alibi.
State of Florida v. George Zimmerman was a criminal prosecution of George Zimmerman on the charge of second-degree murder stemming from the killing of Trayvon Martin on February 26, 2012.
Cross-Examination is a 1932 American drama film directed by Richard Thorpe and starring H. B. Warner, Sally Blane and Natalie Moorhead.
