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Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). 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 (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-exami ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Art Of Cross-Examination
''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. Author Francis L. Wellman was a practicing attorney in New York State as well as an assistant district attorney in New York City. He dedicated the book to his two sons, hoping to encourage them to enter the legal profession. Wellmann compiled many examples of cross-examination techniques from colleagues and notable attorneys on celebrated cases. Notable references include such legal giants as Abraham Lincoln "in his twenty-three years" of trial practice prior to his political career (chapter IV), then-Judge Benjamin Cardozo (later a ground-breaking U.S. Supreme Court justice), U.S. Attorney General Benjamin Butler, the Vanderbilt family, and others. Well-known trial attorneys and their cross exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adversarial System
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense. Basic features As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examinat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Question
In common law systems that rely on testimony by witnesses, 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. The propriety of leading questions generally depends on the relationship of the witness to the party conducting the examination. An examiner may generally ask leading questions of a hostile witness or on cross-examination ("Will help to elicit the testimony of a witness who, due to age, incapacity, or limited intelligence, is having difficulty communicating her evidence"), but not on direct examination (to "coach" the witness to provide a particular answer). According to ''Black's Law Dictionary','' a leading question is defined as "question t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hostile Witness
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. Process During direct examination, if the examining attorney who called the witness finds that their testimony is antagonistic or contrary to the legal position of their client, the attorney may request that the judge declare the witness "hostile". If the request is granted, the attorney may proceed to ask the witness leading questions. Leading questions either suggest the answer ("You saw my client sign the contract, correct?") or challenge ( impeach) the witness's testimony. As a rule, leading questions are generally allowed only during cross-examination, but a hostile witness is an exce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. 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. In law a witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthfully ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Redirect Examination
Redirect examination, in the United States, is the questioning of a witness who has already provided testimony under oath in response to direct examination as well as cross examination by the opponent. On redirect, the attorney offering the witness will ask additional questions that attempt to rehabilitate the witness's credibility, or otherwise mitigate deficiencies identified and explored by the opponent on cross. For example, the opponent might elicit on cross-examination an admission that the witness did not directly perceive every single part of the events at issue; the proponent will attempt on redirect to establish that the witness perceived enough of those events that the finder of fact can draw reasonable inferences as to the gaps where the witness's perception was obstructed. "Recross" is sometimes allowed, but usually the opposing attorney must ask for permission from the judge before proceeding with that additional round of questioning. In Australia, Canada, Indi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically special ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial Advocacy
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 in continuing legal education programs. It may also be taught in primary, secondary, and undergraduate schools, usually as a mock trial elective. The skills of trial advocacy can be broken into two categories: skills that accomplish individual tasks ( tactical skills) such as selecting jurors, delivering opening statements and closing arguments, and examining witnesses, and those skills that integrate the individual actions to achieve greater effects and to drive unfolding events toward the advocate's desired outcome (strategy) . Most law school trial advocacy courses focus on tactical skills, though some integrate basic methods of strategic planning. Some academics have expressed disfavor with advanced strategic techniques because of the imbalance they create ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Closing Argument
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues. In the United States, the plaintiff is generally entitled to open the argument. The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals. Either party may waive their opportunity to present a closing argument. During closing arguments, co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Selection
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury box. At this stage, they will be questioned in court by the judge and/or attorneys in the United States. Depending on the jurisdiction, attorneys may have an opportunity to mount a ''challenge for cause'' argument or use one of a limited number of peremptory challenges. In some jurisdictions that have capital punishment, the jury must be death-qualified to remove those who are opposed to the death penalty. Jury selection and techniques for '' voir dire'' are taught to law students in trial advocacy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Prosecutor, James M
Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the boat, the senior enlisted sailor on a U.S. Navy submarine * Chief petty officer, a non-commissioned officer or equivalent in many navies * Chief warrant officer, a military rank Other titles * Chief of the Name, head of a family or clan * Chief mate, or Chief officer, the highest senior officer in the deck department on a merchant vessel * Chief of staff, the leader of a complex organization * Fire chief, top rank in a fire department * Scottish clan chief, the head of a Scottish clan * Tribal chief, a leader of a tribal form of government * Chief, IRS-CI, the head and chief executive of U.S. Internal Revenue Service, Criminal Investigation Places * Chief Mountain, Montana, United States * Stawamus Chief or the Chief, a granite dome ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blackstone Press
Blackstone Press Limited is a legal publisher that is a subsidiary of Oxford University Press. It was established in March 1988 by Alistair McQueen. Its management was formerly that of Financial Training Publications, whose law list it purchased. The list included "everyday" reference works, and works that were "essential reading" for examinations of the Law Society and Bar and which had been used for that purpose for seven years. The books published by Blackstone Press were updated and revised frequently. In 2000, Blackstone Press had a revenue of £5 million and a net income of £758k. Its backlist contained over four hundred books at the time Oxford University Press purchased it from BPP, PLC, in 2001. |
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