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Leading Questions
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 tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Terminology
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suggestive Question
A suggestive question is one that implies that a certain answer should be given in response, or falsely presents a presupposition in the question as accepted fact. Such a question distorts the memory thereby tricking the person into answering in a specific way that might or might not be true or consistent with their actual feelings, and can be deliberate or unintentional. For example, the phrasing "Don't you think this was wrong?" is more suggestive than "Do you think this was wrong?" despite the difference of only one word. The former may subtly pressure the respondent into responding "yes", whereas the latter is far more direct. Repeated questions can make people think their first answer is wrong and lead them to change their answer, or it can cause people to continuously answer until the interrogator gets the exact response that they desire. The diction used by the interviewer can also be an influencing factor to the response given by the interrogated individual. Experimental ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loaded Question
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. The traditional example is the question "Have you stopped beating your wife?" Whether the respondent answers yes or no, they will admit to having a wife and having beaten her at some time in the past. Thus, these facts are ''presupposed'' by the question, and in this case an entrapment, because it narrows the respondent to a single answer, and the fallacy of many questions has been committed. The fallacy relies upon context for its effect: the fact that a question presupposes something does not in itself make the question fallacious. Only when some of these presuppositions are not necessarily agreed to by the person who is asked the question does the argument containing them become fallacious. Hence, the same question ma ... [...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, India ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implicit Assumption
A tacit assumption or implicit assumption is an assumption that underlies a logical argument, course of action, decision, or judgment that is not explicitly voiced nor necessarily understood by the decision maker or judge. These assumptions may be made based on personal life experiences, and are not consciously apparent in the decision making environment. These assumptions can be the source of apparent paradoxes, misunderstandings and resistance to change in human organizational behavior. See also * Assumption-based planning * Consensus reality * Hidden curriculum * Implicit attitude * Implicit cognition * Implicit leadership theory * Implicit memory * Implied consent * Leading question * Premise * Presupposition * Shattered assumptions theory * Subreption * Tacit knowledge * Unsaid * Unspoken rule Unwritten rules (synonyms: Unspoken rules) are behavioral constraints imposed in organizations or societies that are not typically voiced or written down. They usually exist in unsp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Loaded Question
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. The traditional example is the question "Have you stopped beating your wife?" Whether the respondent answers yes or no, they will admit to having a wife and having beaten her at some time in the past. Thus, these facts are ''presupposed'' by the question, and in this case an entrapment, because it narrows the respondent to a single answer, and the fallacy of many questions has been committed. The fallacy relies upon context for its effect: the fact that a question presupposes something does not in itself make the question fallacious. Only when some of these presuppositions are not necessarily agreed to by the person who is asked the question does the argument containing them become fallacious. Hence, the same question ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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