what is a loaded question by an attorney

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)

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What is an example of a loaded question?

Oct 03, 2015 · A loaded question with fallacy makes an assumption and then asks the question given that assumption. An example of a loaded questions fallacy would be an attorney questioning a suspect, asking, Is ...

What is a loaded question about a criminal record?

May 27, 2021 · A loaded question or complex question is a question that contains a controversial assumption (e.g., a presumption of guilt). For example, the previous question would not be loaded if it were asked during a trial in which the defendant had already admitted to beating his wife. ... If the plaintiff’s attorney doesn’t finish asking all the ...

What is a loaded question fallacy?

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)

How do you avoid asking loaded questions?

Definition of loaded question in the Idioms Dictionary. loaded question phrase. What does loaded question expression mean? Definitions by the largest Idiom Dictionary. ... "Man, that's a loaded question," says patent attorney Wesley Austin. Patently Obvious: How to protect your business ideas. Asked whether Kaino, ...

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 answer 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

Can lawyers ask loaded questions?

On direct examination, lawyers generally can't ask leading questions. A question is leading if it suggests the answer.

Do loaded questions include the answer in the question?

As you can see, regardless of whether the answer to the question is yes or no, it implicates that the person who is being asked is, in fact, an alcoholic. Loaded questions are not intended to elicit a truthful answer.Mar 10, 2022

What does it mean if someone says that's a loaded question?

A question heavy with meaning or emotional impact, as in When he inquired after Helen's ex-husband, that was a loaded question. This term employs loaded in the sense of “charged with hidden implication.” [ Mid-1900s]

What does a loaded question me?

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.

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

There is a distinct difference between leading questions and loaded questions. 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

Why is leading questions are not allowed in court?

Leading questions allow you to control what the witness talks about and often helps you get the witness to give a specific answer. This is why you are not allowed to ask your own witnesses leading questions.

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?"

How do you use loaded questions?

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. If she answers no, then she is saying that she is still cheating.Nov 4, 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.

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 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....

What is a leading or loaded question?

A loaded question is one that includes an assumption that may or may not be true or agreed upon. A leading question suggests or implies its own...

How do you respond to a loaded question?

To best respond to these complex questions, three suggested strategies are: Reject the assumption inherent in the question Call out the faulty as...

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.