In the American legal system, argumentative is an

evidentiary Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

objection raised in response to a question which prompts a

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, e ...

to draw

inference Inferences are steps in reasoning, moving from premises to logical consequences; etymologically, the word '' infer'' means to "carry forward". Inference is theoretically traditionally divided into deduction and induction, a distinction that in ...

s from facts of the case. One common misconception is that argumentative questions are meant only to cause a witness to argue with the examiner. This error rests on misunderstanding the word "argument". ''Argument'' can mean " a series of persuasive statements" (the legal sense discussed in this article) as well as "a verbal fight or disagreement". Thus, an argumentative objection may be raised only when the lawyer himself is making a legal argument under the guise of asking a question. "Badgering the witness" is the proper objection for a lawyer who is antagonizing or mocking a witness by asking insulting or derisive questions, perhaps in an attempt to provoke an emotional response."Badgering the Witness: An attorney may not harass or continue to annoy/aggravate a witness." Minnesota State Bar,
Mock Trial Objections
, accessed 22 March 2018

Example

A lawyer on direct examination asks his witness, a layman with no legal training, "So John Doe was driving negligently?" Opposing counsel could raise an argumentative objection. In this context, "negligently" is a legal

term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ...

with a precise and narrow meaning, and the witness cannot reasonably answer the question without understanding the relevant law. Since the lawyer is "arguing" his case that John Doe was driving negligently through the witness, the objection would be sustained and the improper statements stricken from the record. In this example, however, the lawyer conducting the direct examination may have an opportunity to rephrase his question. If the judge sustains the argumentative objection, the lawyer may instead ask questions such as "was John Doe exceeding the posted speed limit?", "was John Doe making lane changes without proper signals?", "how did Mr. Doe respond to your comments about his driving," or "Did you feel unsafe when you were a passenger in the car driven by John Doe?" Such questions may be permitted and require no legal expertise for a layman to answer, thus allowing the lawyer to introduce testimony about John Doe's driving habits without specifically using the legal term ''

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...

''.

References

External links

FEDERAL RULES OF EVIDENCE: "Rule 611. Mode and Order of Interrogation and Presentation"
at law.cornell.edu Evidence law Law of the United States {{Law-term-stub