Search Results for: LEADING QUESTION

leading question

leading question 诱导性问题 指向证人提出的、意在引导其作出提问方想要得到的回答的问题,尤其是只需证人回答「是」或「不是」的问题。有关诱导性问题的一般规则是,在进行主询问时,不允许对本方证人提诱导性问题,而在进行交叉询问时,则允许提诱导性问题。但是如果证人的回答显示出其对传唤该证人的本方当事人不利时,法庭可以允许本方当事人对该证人按交叉询问的方式进行询问。

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leading question

leading question. A question that suggests the answer to the person being interrogated; esp., a question that may be answered by a mere “yes” or “no.” • Leading questions are generally allowed only in cross-examination. — Also termed categorical question; suggestive question; suggestive interrogation. [Cases: Witnesses 239. C.J.S. Witnesses § 415.]

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cross examination

cross-examination, n. The questioning of a witness at a trial or hearing by the party opposed to the party who called the witness to testify. • The purpose of cross-examination is to discredit a witness before the fact-finder in any of several ways, as by bringing out contradictions and improbabilities in earlier testimony, by suggesting

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cross-examination

cross-examination n. 交叉询问;反询问 指在听审或开庭审理程序中,一方当事人对对方提供的证人进行的询问。反询问应在提供证人的本方对该证人进行主询问〔examination-in-chief〕之后进行,目的在于核查证人的证言或质疑证人或其证言的可信性,如指出证言与证人先前所作证言中的矛盾之处,向证人提出疑问,诱使证人承认某些事实以削弱证言的可信性等。在交叉询问中允许提诱导性问题〔leading question〕,但通常只能限于主询问中涉及的事项以及证人的可信性问题。

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hostile witness

A witness who is biased against the examining party, who is unwilling to testify, or who is identified with an adverse party. • A hostile witness may be asked leading questions on direct examination. Fed. R. Evid. 611(c). — Also termed adverse witness. See adverse party under PARTY(2). [Cases: Witnesses 244. C.J.S. Witnesses § 422.]

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liberum tenementum

liberum tenementum (lib-[schwa]r-[schwa]m ten-[schwa]-men-t[schwa]m), n. [Law Latin] Hist. 1. A plea of freehold; a defensive common-law pleading in an action for trespass to lands. • The defendant pleaded either ownership of the land in question or authorization from the freehold owner. [Cases: Trespass 25, 27. C.J.S. Trespass §§ 46–56, 167.] 2. FREEHOLD.

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supplicatio

supplicatio (s[schwa]p-li-kay-shee-oh), n. [Latin] Roman law. 1. A petition to the emperor requesting him to decide a case, not already before a court, in first instance or, sometimes, to reopen a case in which no appeal is normally allowed. “Another mode was supplicatio, petition to the Emperor by a private person, not allowed when the

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non est factum

non est factum (non est fak-t[schwa]m). [Latin “it is not his deed”] Hist. A denial of the execution of an instrument sued on. [Cases: Bills and Notes 475. C.J.S. Bills and Notes; Letters of Credit § 272.] “The general issue in covenant is ‘non est factum,’ which is a formal denial that the deed is

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