what is a loaded qestion by an attorney

A loaded question is a question with a false or questionable presupposition, and it is "loaded" with that presumption. The question "Have you stopped beating your wife?" presupposes that you have beaten your wife prior to its asking, as well as that you havea wife.

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What is a loaded question in law?

Jan 28, 2019 · Created by FindLaw's team of legal writers and editors | Last updated January 28, 2019. As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness. Many leading questions call for answers of either "yes" or "no."

How do you respond to a loaded question in a sentence?

What is a loaded question? A loaded question implies some fact that has not been previously established. In answering this kind of question (with its negative implication), the witness is put in a dilemma. “Do you still beat your wife?” (Loaded question because it implies that you used to beat your wife.) “Do you beat your wife?” (Neutral question)

What is an example of an open-ended loaded question?

Jan 29, 2018 · How is a loaded question dealt with in a legal, or legalistic, context? Is there particular language which is typically employed, or is there a strategy which is particularly effective? The specific example would be of the form "when did you stop beating your wife?" The challenge being to prove a negative.

Is a loaded question a fallacious argument?

Nov 21, 2004 · Vang. The defense attorney typically used more open-ended questions that allowed Vang to answer with more words than the prosecuting attorney’s closed-ended and declarative/tag questions. Significantly, Vang borrowed words and sentence structure from the prosecuting attorney when the question proved difficult to understand due to the

What is an example of a loaded question?

A loaded question is a trick question, which presupposes at least one unverified assumption that the person being questioned is likely to disagree with. For example, the question “have you stopped mistreating your pet?” is a loaded question, because it presupposes that you have been mistreating your pet.

What does asking a loaded question mean?

From Wikipedia, the free encyclopedia. A loaded question is a form of complex question that contains a controversial assumption (e.g., a presumption of guilt). Such questions may be used as a rhetorical tool: the question attempts to limit direct replies to be those that serve the questioner's agenda.

How do you respond to a loaded question?

3 Best Responses to Loaded Questions Aimed to Trap YouOption 1: Never repeat a negative. State your positive.Option 2: Reconfirm your position and clarify.Option 3: Call attention to the faulty premise and disagree with it.Sep 22, 2020

What is the difference between a leading question and a loaded question?

While a leading question prompts someone toward an answer, a loaded question is a trick question. No matter how a respondent answers, they're saying something that they may not agree with.Nov 9, 2021

What is another word for a loaded question?

In this page you can discover 3 synonyms, antonyms, idiomatic expressions, and related words for loaded question, like: cross-question, catch and trick-question.

How do you get loaded questions?

Destiny 2 | How to get Loaded QuestionUse an Arc subclass the entire time you're working on the 1,000 Arc kills.Equip an Arc Fusion rifle in your energy slot until you've reached 500 Fusion Rifle kills. ... Use an Arc-damage heavy weapon.Oct 22, 2019

Why should loaded questions be avoided?

2. Avoid loaded questions. Loaded questions are questions written in a way that forces the respondent into an answer that doesn't accurately reflect his or her opinion or situation. ... Usually, loaded questions are best avoided by pretesting your survey to make sure every respondent has a way to answer honestly.

What does it mean for a statement to be loaded?

Loaded words and phrases have significant emotional implications and involve strongly positive or negative reactions beyond their literal meaning. ...

What is the loaded question fallacy?

A loaded question or complex question fallacy is a question that contains a controversial or unjustified assumption (such as, a presumption of guilt).Sep 11, 2019

How do you not ask a loaded question?

Leading questions are a problem because they interject the answer we want to hear in the question itself....Here are some common traps to avoid:Do not rephrase in our own words. ... Do not suggest an answer. ... Do not name an interface element. ... Do not assume you know what the user is feeling.Dec 17, 2017

When would you use a leading question?

When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Leading questions are the primary mode of examination of witnesses who are hostile to the examining party, and are not objectionable in that context.

What is an example of a loaded question in statistics?

What is considered a loaded question? An example of a loaded question is "Have you finally stopped cheating on exams?" The question implies that the respondent has cheated in the past. If the respondent answers yes, she agrees that she cheated in the past.Nov 4, 2021

What is a loaded survey question?

Loaded questions are questions written in a way that forces the respondent into an answer that doesn't accurately reflect his or her opinion or situation. This key survey mistake will throw off your survey respondents and is one of the leading contributors to respondents abandoning surveys.

What is another word for a loaded question?

In this page you can discover 3 synonyms, antonyms, idiomatic expressions, and related words for loaded question, like: cross-question, catch and trick-question.

What is the loaded question fallacy?

A loaded question or complex question fallacy is a question that contains a controversial or unjustified assumption (such as, a presumption of guilt).Sep 11, 2019

What is an example of a loaded question?

A loaded question is a trick question, which presupposes at least one unverified assumption that the person being questioned is likely to disagree with. For example, the question “have you stopped mistreating your pet?” is a loaded question, because it presupposes that you have been mistreating your pet.

How do you respond to a loaded question?

3 Best Responses to Loaded Questions Aimed to Trap YouOption 1: Never repeat a negative. State your positive.Option 2: Reconfirm your position and clarify.Option 3: Call attention to the faulty premise and disagree with it.Sep 22, 2020

How do you get loaded questions?

Destiny 2 | How to get Loaded QuestionUse an Arc subclass the entire time you're working on the 1,000 Arc kills.Equip an Arc Fusion rifle in your energy slot until you've reached 500 Fusion Rifle kills. ... Use an Arc-damage heavy weapon.Oct 22, 2019

What does a loaded statement mean?

Usually, loaded language refers to emotive language or high-inference language that is used for persuasive purposes. It carries strong connotations to invoke emotional responses. But specifically, a loaded statement is the one that may contain a hidden trap or implication.

What's an example of a rhetorical question?

A rhetorical question is a question asked to make a point, rather than get an answer. If you have ever been late, someone might say: 'What time do you call this? ' This person doesn't want an answer to the question. They are making the point that you have arrived at an unacceptable time.

What is the difference between a leading question and a loaded question?

While a leading question prompts someone toward an answer, a loaded question is a trick question. No matter how a respondent answers, they're saying something that they may not agree with.Nov 9, 2021

Are rhetorical questions condescending?

Rhetorical questions often are used in a rude way, but they are not, by definition, rude. Example, “What's the matter with you?” can be a a rude rhetorical question. But it can, instead, be a sincere question without being rude.

What is a funnel question?

Funnel Questions This technique involves starting with general questions, and then drilling down to a more specific point in each. Usually, this will involve asking for more and more detail at each level. It's often used by detectives taking a statement from a witness: "How many people were involved in the fight?"

Defense

A common way out of this argument is not to answer the question (e.g. with a simple 'yes' or 'no'), but to challenge the assumption behind the question. To use an earlier example, a good response to the question "Have you stopped beating your wife?" would be "I have never beaten my wife".

Historical examples

Diogenes Laërtius wrote a brief biography of the philosopher Menedemus in which he relates that:

Explanation of loaded questions

The issue with loaded questions is that they contain an implicit or explicit assumption that the person being questioned is likely to disagree with.

Examples of loaded questions

Below are examples of loaded questions. They all presuppose something unverified, which the person being questioned might disagree with.

How to respond to a loaded question

To respond to a loaded question in a way that negates it, you first need to recognize the fact that the question being asked is loaded. You can recognize this type of question, as we saw above, by noticing that the question presupposes something that is unreasonable to assume.

How to avoid asking loaded questions

It’s possible that you’re using loaded questions without being aware that you’re doing so. This is problematic, both because of the inherent fallaciousness of these questions, and because using these questions can hinder communication efforts and damage your relationships with others.

Other types of trick questions

In addition to loaded questions, there are other types of trick questions that people use.

Summary and conclusions

A loaded question is a trick question, which presupposes at least one unverified assumption that the person being questioned is likely to disagree with.

The Legit Version

Now, before we get too far, let’s be clear about the legitimate use of “if you have nothing to hide.” In commercial or contractual interactions, being transparent may be something agreed upon by the parties. And in those cases, hiding relevant information really may be unethical and evidence of bad dealing.

How The Trick Works

To understand why this trick works, let’s deconstruct the “nothing to hide” slogan. We can start by considering the implications of the words if you have nothing to hide:

What To Keep In Mind

The way out of this trap is not to quickly answer the question, but to begin by finding the false assumption behind it. That, however, takes time. And so, until you’re comfortable handling this fallacy (and when combined with fear we may as well be honest and call them attacks), what you really need is to buy time for yourself.