leading question


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Related to leading question: Loaded question

Leading Question

A query that suggests to the witness how it is to be answered or puts words into the mouth of the witness to be merely repeated in his or her response.

Leading questions should not be used on the direct examination of a witness unless necessary to develop the person's testimony. They are permissible, however, on cross-examination. When a party calls a hostile witness—the adverse party or a witness identified with the opposing party—leading questions can be employed during the direct examination of such a witness.

leading question

n. a question asked of a witness by an attorney during a trial or a deposition (questioning under oath outside of court), suggesting an answer or putting words in the mouth of the witness. Thus, the attorney may help his own witness to tell a pre-planned story. Such a question is often objected to, usually with the simple objection: "leading." A leading question is allowable only when directed to the opposing party to the lawsuit or to an "adverse witness" during cross-examination (the chance to question after direct testimony) on the basis that such a witness can readily deny the proposed wording. Typical improper leading question: "Didn't the defendant appear to you to be going too fast in the limited visibility?" The proper question would be: "How fast do you estimate the defendant was going?" followed by "What was the visibility?" and "How far could you see?" (See: cross-examination)

leading question

a question that either suggests the answer expected or that assumes the existence of disputed facts to which the witness is to testify. Leading questions are not allowed except as to formal matters that are not disputed (e.g. witness's name, address, etc) and in cross-examination. Even where allowed there is always the danger that the answer, thus obtained, is given less weight by the judge.

LEADING QUESTION, evidence, Practice. A question which puts into the witness' mouth the words to be echoed back, or plainly suggests the answer which the party wishes to get from him. 7 Serg. & Rawle, 171; 4 Wend. Rep. 247. In that case the examiner is said to lead him to the answer. It is not always easy to determine what is or is not a leading question.
     2. These questions cannot, in general, be put to a witness in his examination in chief. 6 Binn. R. 483, 3 Binn. R. 130; 1 Phill. Ev. 221; 1 Stark. Ev. 123. But in an examination in chief, questions may be put to lead the mind of the witness to the subject of inquiry; and they are allowed when it appears the witness wishes to conceal the truth, or to favor the opposite party, or where, from the nature of the case, the mind of the witness cannot be directed to the subject of inquiry, without a particular specification of such subject. 1 Camp. R. 43; 1 Stark. C. 100.
     3. In cross-examinations, the examiner has generally the right to put leading questions. 1 Stark. Ev. 132; 3 Chit. Pr. 892; Rosc. Civ. Ev. 94; 3 Bouv. Inst. n. 3203-4.

References in periodicals archive ?
It is curious that some attorneys will conduct cross-examination without using leading questions. Leading questions provide a powerful advantage over nonleading questions.
The industry's focus should be on encouraging users to pay for legal music, rather than taking action against those illegally downloading, said The Leading Question.
Your mother's admission was recklessly indiscreet, but you had asked her a very pointed leading question.
He will ask a leading question that allows the subject to choose one of two answers, both of which constitute a benchmark admission, but one of which portrays the subject in a bad moral light: Mr.
In another useful distinction, Kierkegaard in The Sickness Unto Death wrote that "admiration is happy self-surrender; envy is unhappy self-satisfaction." Envy asks one leading question: What about me?
There's a conference: one topic has been: 'Yet another non-American Pritzker winner,' with the leading question 'How can American architects such as Thom Mayne be overlooked for so long?' among numerous subsequent comments, at least one writer thought this would be quite easy to do, but reading tired old stuff about Mayne's allegedly spaghetti architecture is a bit like listening to your retired sea captain uncl e sounding off about abstract expressionism.
It is the leading question for functional leg length discrepancy, which along with actual leg length discrepancy are risk factors for Iliotibial Band Syndrome.
The leading question for Fed policymakers after any change in Fed Funds rate: How have the markets reacted?
"Why is sexism bad?" is a leading question because it contains its own answer - sexism is bad - while apparently inviting intellectual exploration.
The problem Bell sees is how sexual harassment should be defined - which, in our research, seems to be the leading question asked in every country, certainly not just in France.
The leading question now is whether the same will happen to Trump.
LEADING QUESTION Trident is thorny issue for Kezia Dugdale and Jeremy Corbyn