Legal Definitions - question-and-answer

The term question-and-answer, often abbreviated as Q-and-A, refers to a structured method of communication where information is elicited through a series of direct inquiries and corresponding responses. In legal contexts, this method is fundamental for gathering evidence during formal proceedings, such as depositions or trials, and for instructional purposes in legal education.

This approach requires a witness or student to provide direct answers to specific questions, typically without offering unsolicited information, thereby systematically developing a narrative or exploring a legal concept.

• Example 1 (Deposition Testimony):

  During a pre-trial deposition for a civil lawsuit concerning a property dispute, the plaintiff's attorney asks a witness, "Did you observe any construction activity on the disputed land between January and March of last year?" The witness responds, "Yes, I saw a fence being erected." The attorney then follows up, "And can you describe the exact location where this fence was built?" The witness provides a precise description.

  This illustrates the Q-and-A format in a deposition, where the attorney systematically asks questions to gather specific factual details from the witness, whose responses are confined to the scope of each inquiry, building a record of evidence.

• Example 2 (Trial Cross-Examination):

  In a criminal trial, the defense attorney is cross-examining a police officer. The attorney asks, "Officer, isn't it true that the streetlights at the intersection were not functioning on the night of the incident?" The officer replies, "That is correct, they were out." The attorney then asks, "And did you include that detail in your initial report?" The officer answers, "No, I did not."

  This demonstrates the Q-and-A method during a trial, where the lawyer's questions guide the witness's testimony, and the witness is expected to provide direct answers to each specific inquiry, forming the basis of the evidence presented to the court and jury.

• Example 3 (Law School Classroom):

  In a torts law class, the professor asks a student, "What is the standard of care generally applied in negligence cases?" The student answers, "The reasonable person standard." The professor then probes further, "And how does a jury determine what a 'reasonable person' would do in a given situation?" The student then explains the objective nature of the standard and its application.

  This exemplifies the Q-and-A approach, often referred to as the Socratic method, used in legal education. The professor uses a series of questions to guide students through complex legal principles, encouraging critical thinking and deeper understanding by building upon each response.