Legal Definitions - examination

In a legal context, an examination refers to a formal and structured process of inquiry, investigation, or questioning. Its primary purpose is to gather information, verify facts, or assess the validity of claims or evidence. This term is used in various legal settings, from courtroom proceedings to property transactions and patent applications.

One of the most common uses of 'examination' is during court trials, where it describes the questioning of a witness under oath. This process is crucial for presenting evidence and challenging testimony, and it typically occurs in three distinct stages:

• Direct Examination: This is the initial round of questioning when an attorney calls a witness to the stand. The attorney who called the witness asks questions designed to elicit testimony that supports their client's case.
• Cross-Examination: Following direct examination, the opposing attorney conducts a cross-examination. The goal here is often to test the witness's credibility, challenge their statements, or elicit information that might benefit the opposing side. Questions are generally limited to topics covered during the direct examination.
• Redirect Examination: If new issues or ambiguities arise during cross-examination, the attorney who initially called the witness may conduct a redirect examination. This allows for clarification or further explanation of points raised during cross-examination.

Beyond the courtroom, 'examination' also applies to other detailed legal investigations:

• Real Estate Title Examination: This is a thorough inspection of public records related to a property's ownership history. It's conducted to ensure that the seller has clear title to the property and that there are no hidden claims, liens, or easements that could affect the buyer's ownership.
• Bankruptcy Examination: In bankruptcy proceedings, this refers to the formal questioning of a debtor about their financial affairs, assets, and liabilities, typically conducted by a bankruptcy trustee or creditors to understand the debtor's financial situation.
• Patent Examination: At the U.S. Patent and Trademark Office (USPTO), an examination is conducted on patent applications to determine if an invention is truly new, useful, and non-obvious, and if it infringes on any existing patents or publicly known technologies.

Examples:

• Courtroom Witness Examination: During a trial for a slip-and-fall accident, the plaintiff's attorney conducts a direct examination of a store employee, asking about the store's cleaning schedule and whether a "wet floor" sign was present. The defense attorney then performs a cross-examination, questioning the employee about their exact location at the time of the fall and their ability to clearly see the area. If the employee's answer during cross-examination creates confusion about the sign's visibility, the plaintiff's attorney might then conduct a redirect examination to clarify the employee's earlier testimony.

  Explanation: This illustrates the sequential questioning of a witness by opposing attorneys to establish facts, challenge credibility, and clarify information relevant to the case.

• Real Estate Title Examination: Before purchasing a historic home, a buyer's attorney orders a title examination. The title company researches county records, old deeds, and property tax archives going back decades. They discover that a previous owner had an unresolved lien from an old home improvement loan, and a portion of the backyard was subject to an easement allowing utility workers access. This examination prevents the buyer from inheriting these issues unknowingly.

  Explanation: Here, "examination" refers to a detailed investigation of property records to ensure clear ownership and identify any encumbrances or claims before a real estate transaction is finalized.

• Patent Application Examination: A small biotechnology company submits an application for a patent on a new drug delivery system. A patent examiner at the USPTO performs an extensive examination of their application. The examiner searches through a vast database of existing patents, scientific journals, and public disclosures to determine if the drug delivery system is truly novel, non-obvious to someone skilled in the field, and has a practical use, ensuring it meets all legal requirements for patentability.

  Explanation: This demonstrates "examination" as a formal inquiry by a government office to assess the uniqueness and legal criteria of an invention before granting a patent.