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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.

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Dkk
13:29
I'm at your mommas house rn: https://x.com/Mansavelli_/status/1648073454665572352
triplethread
13:29
im addicted to reacting to all of the decisions
triplethread
13:29
with the emojis
HopefullyInLawSchool
13:29
I shop at Joe
HopefullyInLawSchool
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Joe's
glovediedthisishismom
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i shop at tawget
glovediedthisishismom
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im dawk gawthic maga
triplethread
13:30
i shop at giant eagle
ForDizzyDJoy
13:31
How did i miss Fordham and American’s wave and I applied in september 🙃
13:33
Lol UC Davis took me of ED and put me in RD
13:34
surprised I didnt get straight denied
HopefullyInLawSchool
13:34
they emailed you/
HopefullyInLawSchool
13:34
?
13:35
@HopefullyInLawSchool: Yea, I just got it
i just want a cornell ii :(
13:37
yak you will be fucking shit up at cornell this time next year dw
i love u
13:38
love you too bby
glovediedthisishismom
13:42
what if desantis appoints lara trump and matt gaetz to be floridas senators
Dkk
13:42
Sounds good to me
HopefullyInLawSchool
13:43
@glovediedthisishismom: What if he appoint Ym instead?
HELP
every damn opportunity
13:47
do schools straight reject people from ed or to they always ed-rd if its a no for ED?
HopefullyInLawSchool
13:48
Some schools rject
13:49
Thanks! I couldn't find any reddit thread about it lol
13:49
but just means now I have to wait for the rejection from Davis
glovediedthisishismom
13:53
i just wanna rock
glovediedthisishismom
13:53
bodyadaya
13:53
let it rock
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