examination

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Examination

A search, inspection, or interrogation.

In Criminal Procedure, the Preliminary Hearing held to decide whether a suspect arrested for a crime should be brought to trial.

In trial practice, the interrogation of a witness to elicit his or her testimony in a civil or criminal action, so that the facts he or she possesses are presented before the trial of fact for consideration.

In the law governing real property transactions, an investigation made into the history of the ownership of and conditions that exist upon land so that a purchaser can determine whether a seller is entitled to sell the land free and clear of any claims made by third persons.

In patent law, an inquiry made at the Patent and Trademark Office to determine the novelty and utility of an invention for which a patent application has been filed and whether the invention interferes with any other invention.

examination

n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney. A principal difference is that an attorney putting questions to his own witness cannot ask "leading" questions, which put words in the mouth of the witness or suggest the answer, while on cross-examination he/she can pose a question that seems to contain an answer or suggest language for the witness to use or agree to. 2) in bankruptcy, the questions asked of a debtor by the judge, trustee in bankruptcy, attorneys or even creditors, to determine the state of the debtor's affairs. 3) in criminal law, a preliminary examination is a hearing before a judge or other magistrate to determine whether a defendant charged with a felony should be held for trial. Usually this is held by a lower court and if there is any substantial evidence to show a felony has been committed by the defendant he/she is bound over to the appropriate court for trial, but otherwise the charge will be dismissed by the judge. (See: testimony, witness, direct examination, cross-examination, bankruptcy)

examination

(Study), noun active study, analysis, audit, careful noting of details, check, close inquiry, close observation, consideration, deliberation, diligent attention, exhaustive inquiry, exploration, inquest, inquisitio, inspection, investigatio, investigation, observation, perquisition, perusal, reconnaissance, research, review, scrutiny, search, strict inquiry, survey
Associated concepts: cross-examination, direct examination of a witness, examination before trial, examination in chief, examination of records, examination of title

examination

(Test), noun interrogation, interview, probation, questioning under oath, quiz, set of questions
Associated concepts: blood tests, board of examiners, civil service examination, entrance examination, health examiiation, medical examiners, mental examination, motor veeicle examination, physical examination, professional exxminations, title examination
See also: analysis, appraisal, collation, consideration, contemplation, cross-examination, deliberation, differentiation, discernment, discretion, discrimination, experiment, habeas corpus, hearing, indagation, inquest, inquiry, inspection, interrogation, investigation, judgment, legal proceeding, observation, probe, proposal, question, regard, report, research, scrutiny, surveillance, test, treatment, trial

EXAMINATION, crim. law. By the common law no one is bound to accuse himself. Nemo tenetur prodere seipsum. In England, by the statutes of Philip and Mary, (1 & 2 P. & M. c. 13; 2 & 3 P. & M. c. 10,) the principles of which have been adopted in several of the United States, the justices before whom any person shall be brought, charged with any of the crimes therein mentioned, shall take the examination of the prisoner, as well is that of the witnesses, in writing, which the magistrates shall subscribe, and deliver to the officer of the court where the trial is to be had. The signature of the prisoner, when not specially required by statute, is not indispensable, though it is proper to obtain it, when it can be obtained. 1 Chit. Cr. Law, 87; 2 Leach, Cr. Cas. 625.
     2. It will be proper to consider, 1. The requisites of such examination. 2. How it is to be proved. 3. Its effects.
     3.-1. It is required that it should, 1st. Be voluntarily made, without any compulsion of any kind; and, 2d. It must be reduced to writing. 1st. The law is particularly solicitous to let the prisoner be free in making declarations in his examination; and if the prisoner has not been left entirely free, or did not consider himself to be so, or if he did not feel at liberty wholly to decline any explanation or declaration whatever, the examination is not considered voluntary, and the writing cannot be read in evidence against him, nor can parol evidence be received of what the prisoner said on the occasion. 5 C. & P. 812; 7 C. & P. 177; 1 Stark. R. 242; 6 Penn. Law Journ. 120. The prisoner, of course, cannot be sworn, and make his statement under oath. Bull. N. P. 242; 4 Hawk. P. C. book 2, c. 46, Sec. 37; 4 C. & P. 564. 2a. The statute requires that the examination shall be reduced to writing, or so much as may be material, and the law presumes the magistrate did his duty and took down all that was material. Joy on Conf. 89-92; 1 Greenl. Ev. Sec. 227. The prisoner need not sign the examination so reduced to writing, to give it validity; but, if being asked to sign it, he absolutely refuse, it will be considered incomplete. 2 Stark. R. 483; 2 Leach, Cr. Cas. 627, n.
    4.-2. The certificate of the magistrate is conclusive evidence of the manner in which the examination was conducted. 7 C. & P. 177; 9 C. & P. 124; 1 Stark. R. 242. Before it can be given in evidence, its identity must be proved, as well as the identity of the prisoner. When the prisoner has signed the examination, proof of his handwriting is sufficient evidence that he has read it; but if he has merely made his mark, or not signed it at all, the magistrate or clerk must identify the prisoner, and prove that the writing was duly read to him, and that he assented to it. l Greenl. Ev. Sec. 520; 1 M. & Rob. 395.
    5.-3. The effect of such an examination, when properly taken and proved, is sufficient to found a conviction. 1 Greenl. Ev. Sec. 216.

EXAMINATION, practice. The interrogation of a witness, in order to ascertain his knowledge as to the facts in dispute between parties. When the examination is made by the party who called the witness, it is called an examination in chief. When it is made by the other party, it is known by the name of cross-examination. (q.v.)
     2. The examination is to be made in open court, when practicable; but when,: on account of age, sickness, or other cause, the witness cannot be so examined, then it may be made before authorized commissioners. In the examination in chief the counsel cannot ask leading questions, except in particular cases. Vide Cross-examination; Leading question.
     3. The laws of the several states require the private examination of a feme covert before a competent officer, in order to pass her title to her own real estate or the interest she has in that of her husband: as to the mode in which this is to be done, see Acknowledgment. See, also, 3 Call, R. 394; 5 Mason's R. 59; 1 Hill, R. 110; 4 Leigh, R. 498; 2 Gill & John. 1; 3 Rand. R. 468 1 Monr. R. 49; 3 Monr. R. 397; 1 Edw. R. 572; 3 Yerg. R. 548 1 Yerg. R. 413 3 J. J. Marsh. R. 241 2 A. K. Marsh. R. 67; 6 Wend. R. 9; 1 Dall. 11, 17; 3 Yeates, R. 471; 8 S. & R. 299; 4 S. & R. 273.

References in periodicals archive ?
Reasons of non-urologists for not performing a digital rectal examination.
Role of prostate specific antigen, digital rectal examination and trans rectal ultra sonography in the diagnosis of prostate cancer in patients with lower urinary tract symptoms.
The findings of digital rectal examination which, suggested benign nature of the gland included smooth, convex, typically elastic posterior surface of the gland, the rectal mucosa could be moved over the prostate and the median sulcus could be palpated.
Short-term effect of digital rectal examination on serum prostate-specific antigen levels.
Algorithms based on prostate-specific antigen (PSA), free PSA, digital rectal examination and prostate volume reduce false-positive PSA results in prostate cancer screening.
This follow-up included PSA tests and a digital rectal examination every three months for two years, and a repeat biopsy 6-12 months after the initial diagnosis and yearly when indicated.
Of the students who had performed one or more digital rectal examinations, 92% said they were supervised most of the time, while 80% had their findings confirmed most of the time, and almost half the students (48%) were not at all confident of giving an opinion based on their digital rectal examination findings (Lawrentschuk & Bolton, 2004).
During an evaluation, you'll be asked about your medical history and undergo a digital rectal examination, in which the doctor inserts a gloved finger into the rectum to feel for abnormalities.
Scores from 0 to 3 for each criteria were defined (clinical by digital rectal examination, biological by specific prostate antigen and sonography), a score of 2 and 3 points was considered positive for neoplasia.
Cancer societies recommend that men over 50 submit to an uncomfortable colonoscopy every five years, as well as a very uncomfortable digital rectal examination yearly in order to more readily detect the onset of prostate cancer.
Major Ron talked us all around possible symptoms, such as getting up out of bed too often for a pee, and persuaded many of us to ask our GP for a PSA blood test and a digital rectal examination.
One of the studies enrolled 2,665 individuals aged 50-75 years, most of whom were male, who had a digital rectal examination with a fecal occult blood test, were sent home with Hemoccult II cards to collect six fecal samples from three stools, and also underwent a colonoscopy (Ann.

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