as an attorney, what types of questions should you generally ask during cross-examination quizlet

To accomplish this, you need to be asking two types of cross examination questions -- positive and negative questions. Watch the above video for cross examination examples! Positive Cross-Examination Questions These kinds of questions are what you're used to asking and what the jury is used to hearing.

Full Answer

What kind of questions should a defense attorney ask on cross?

Establish and maintain your control over the witness by following the traditional rules of cross-examination: Ask only leading questions, ask only questions which can be answered with a “yes” or “no” (if possible in a situation where either answer hurts the witness) and never ask a question unless, first, it is absolutely necessary and, second, you already know the answer.

What is the right to cross examination in criminal law?

You've also signaled to your attorney that when he gets up to ask you questions again (known as re-direct examination) that he should ask you to explain your answer on this topic. "Mrs. Jones, during cross examination you were asked by my adversary whether …

What does the attorney who cross examines you want?

On cross-examination, lawyers are allowed to ask leading questions. They typically ask narrow questions intended to force the witness to provide certain information. Prosecutors use this tactic, too. Of course, defendants and their witnesses must testify truthfully at all times. But they must be careful to avoid going along with misleading information in a prosecutor's leading …

Can a witness be cross examined without asking a question?

During cross-examination, an attorney may always question the witness about any matter that is related to the credibility of that witness (611(b), 607) including: (1) Perception: witness's ability to perceive accurately (e.g. witness not wearing glasses) (2) Memory: witness's ability to accurately recall the information they are testifying about

What kind of question can generally only be asked on cross-examination?

Two types of questions are generally permissible on cross-examination: (1) questions that impeach the witness's credibility, and (2) questions designed to elicit other relevant facts relative to the general scope of the direct examination.Apr 10, 2015

What types of question can be asked to a witness during cross-examination?

In the course of cross-examination, a witness may be asked questions: (i) To test his veracity; (ii) To discover who he is and what his position in life is; (iii) To shake his credit by injuring his character, although his answer might criminate him or expose him to penalty or forfeiture.Aug 1, 2020

What type s of questions should the attorney ask during direct examination?

Ask Open-Ended Questions To keep a juror's attention, your attorney should avoid lengthy, rambling questions. Instead, questions should use simple words and allow the witness to elaborate on various facts. A general rule is all direct examinations should be open-ended, short questions.May 25, 2020

What is a leading question in cross-examination?

Primary tabs. A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.

How do lawyers ask questions?

0:165:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

What are leading questions when they can be asked?

Leading Questions have been defined under section 141 of the Indian Evidence Act 1872. Meaning: The expression "Leading Questions" literally means a question which itself suggest answer. As expected by the person asked the same, any questions which leads to answer, or a question which is pregnant with the answer.

What are some questions an attorney might ask a new client?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

How do you prepare direct examination questions?

Prepare. There is absolutely no substitute for hard work. ... Keep it Simple. “Learn to talk like a regular person wherever you are. ... Use Topic Sentences or Headers. ... Personalize the Witness. ... Direct the Focus to the Witness. ... Help the Witness Show, Not Tell, the Jury. ... Start Strong, End Strong, and Address Your Weaknesses.

How do you answer a lawyer question?

Tips for Testifying Lesson 2: How to Respond to Questions on the...Do Not Exaggerate. ... Explain your answer if necessary. ... If your answer was not correctly stated, correct it immediately. ... Don't get flustered by inconsistent testimony. ... Keep it to yourself. ... Give positive, definite answers when at all possible.More items...•Mar 3, 2014

What are types of questions?

Let's start with everyday types of questions people ask, and the answers they're likely to elicit.Closed questions (aka the 'Polar' question) ... Open questions. ... Probing questions. ... Leading questions. ... Loaded questions. ... Funnel questions. ... Recall and process questions. ... Rhetorical questions.Oct 23, 2018

Can leading questions be asked during cross-examination?

As a cross-examiner, you are entitled to ask question in a leading way, that is, questions which suggest the expected answer. Leading questions are disallowed in examination in chief because they suggest the answer. Don't give up that advantage easily.Apr 26, 2016

How do you answer cross-examination questions?

Tips for a Successful Cross-ExaminationListen carefully to the prosecutor's question and let him ask his entire question before you answer.When you do answer, answer the question that is being asked, but nothing more. ... Stay calm and don't argue. ... Tell the truth. ... Think before you answer the question. ... Don't guess.More items...•Oct 26, 2020