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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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TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
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18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
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CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
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