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Simple English definitions for legal terms

leading the witness

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A quick definition of leading the witness:

Leading the witness: When a lawyer asks a question during a trial or deposition that suggests the answer or puts words in the mouth of the witness, it is called leading the witness. This is not allowed when the lawyer is questioning their own witness, but it is allowed during cross-examination or if the witness is declared by the judge to be hostile or adverse.

A more thorough explanation:

Definition: Leading the witness is when an attorney asks a question during a trial or deposition that suggests the answer or puts words in the mouth of the witness. This is considered improper questioning of a witness called by that attorney, but it is allowed in cross-examination or if a witness is declared by the judge to be a hostile or adverse witness.

Improper: "Isn't it true that you saw the defendant steal the money?"

Proper: "What did you see the defendant do with the money?"

In the first example, the attorney is leading the witness by suggesting that the defendant stole the money. This is improper because it is the witness's job to provide their own testimony, not to agree with the attorney's suggestion. In the second example, the attorney is asking an open-ended question that allows the witness to provide their own testimony without being influenced by the attorney's suggestion.

Another example of leading the witness is when an attorney asks a question that includes the answer they want to hear. For example:

Improper: "You saw the defendant with the gun, right?"

Proper: "Did you see the defendant with any weapons?"

In the first example, the attorney is leading the witness by including the answer they want to hear (that the witness saw the defendant with a gun). This is improper because it is the witness's job to provide their own testimony, not to agree with the attorney's suggestion. In the second example, the attorney is asking an open-ended question that allows the witness to provide their own testimony without being influenced by the attorney's suggestion.

leading | legal aid society

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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