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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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ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
lilypadfrog
8:48
https://en.m.wikipedia.org/wiki/Dalgona I just learned about these things. Apparently they’re featured in Squid Game, but I think Squid Game is just a ripoff of the original Mr Beast Games
I learned today the term fight fire with fire comes from the early day of fire fighting when departments would just bulldoze buildings and then burn them in an attempt to stop a fire from spreading. So to stop fire from burning shit they would burn down other buildings in a more violent and destructive way thus lowering the fires moral so much it refuses to spread and work.
GreyCeaselessMammoth
8:51
that's like basically how wildland firefighting still works
I did wildland and most of the time it was controlled burns but it is pretty funny to imagine doing that in a city/neighborhood.
Dkk
8:52
The Santa Ana winds kinda helped with that because it pushed the fire back to where it had already burned despite the news media saying everything was going to get worse like the idiots they are.
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