You must question the witnesses you call. This type of survey is called a direct survey. For direct examination, you should ask open-ended questions (questions that allow explanations). Open-ended questions usually start with words like who, what, why, where, how, tell me or describe. The opposite of an open-ended question is a guiding question. Leading questions, as the name suggests, lead the respondent to a specific answer. They are usually answered yes or no. Leading questions allow you to control what the witness is talking about and often help you get a specific answer from the witness. Therefore, you are not permitted to ask policy questions of your own witnesses. (n.1) the examination of a witness by counsel. Direct examination is the examination by the lawyer who called the witness, and cross-examination is the examination by the opposing lawyer. A key difference is that a lawyer who asks questions of his own witness cannot ask “suggestive” questions that put words in the witness` mouth or suggest the answer, whereas in cross-examination he may ask a question that appears to contain an answer or suggest language that the witness can use or accept. 2) in bankruptcy, questions put to a debtor by the judge, receiver, lawyers or even creditors to determine the state of the debtor`s affairs.
(3) In criminal law, a preliminary inquiry is a hearing before a judge or other judge to determine whether an accused accused of a crime should be brought to justice. As a rule, this decision is made by a lower court, and if there is strong evidence that a crime was committed by the accused, the accused is bound to the competent court to be tried, but otherwise the charge will be dismissed by the judge. Understand the question. If you do not understand the question, ask for clarification. Don`t guess what the question might have meant. Make sure you wait, listen to the whole question. The survey can serve several important purposes. This allows each party to know what evidence the other party can use in the process. This ensures that neither party is caught off guard in court, and that is important because we are not doing an “ambush trial” in Alberta. Questioning may strengthen a client`s case if the witness provides evidence useful to the client. In general, consultation with each party also makes it possible to assess the strengths and weaknesses of their file and thus promote settlement discussions. Importantly, the survey helps us determine how parties come to court and whether they are considered credible.
While questions of fact are decided by a trier of fact, who is often a jury in the common law system, legal issues are always decided by a judge or equivalent judge. While findings of fact in a common law legal system are rarely overturned by an appellate court, legal findings are easier to review. It would be foolish to say that it has no interest in knowing that The Disciples is a fake. But for the man who has never heard of Vermeer or van Meegeren and stands before the disciples and admires him, it can make no difference whether he is told that it is a seventeenth-century Vermeer or a twentieth-century van Meegeren in the Vermeer style. And when some deny this, vehemently arguing that it actually makes a big difference, they only admit that they know something about Vermeer and van Meegeren and art history and the value and prestige of certain masters. They only admit that they do not judge a work of art for purely aesthetic reasons, but also take into account when it was created, by whom and how great its reputation or creator is. [4] The investigation has two objectives. The first is to promote a possible settlement of the dispute.
The second is to avoid surprises in court. The experiences are not like what you see on TV. There are very rarely surprise witnesses or surprise documents. Time in court is too precious. The parties must know the facts and documents available to the other party to support their case well in advance of the trial. (2) A question concerning the relevant law. If there are two or more mutually exclusive laws, a judge determines which law is relevant. In law, a question of law, also known as a question of law, is a question that must be answered by applying the relevant legal principles to the interpretation of the law.
[1] Such a question is different from a question of fact, which must be answered by reference to the facts and evidence and the conclusions arising from those facts. Answers to legal questions are usually expressed in general principles of law and can be applied to many situations rather than according to particular circumstances or factual situations. The answer to a question of law, as it applies to the particular facts of a case, is often referred to as a legal conclusion. The distinction between “law” and “fact” has proven blurred wherever it is used. For example, the common law required that a plaintiff`s claim in a civil suit set out only the “facts” of his or her case, not the “legal findings.” Unfortunately, no one has ever been able to say whether the allegation that “on November 9, the defendant negligently ran over the plaintiff with his car at the intersection of State Street and Chestnut Street” is a finding of fact or a legal finding. In fact, the distinction between law and fact is only the legal version of the philosophical distinction between “empirical” and “analytical” statements, a distinction on which philosophers still cannot agree. Answer the question honestly and stop. Do not go beyond what the question asked you. During the interview, the other party may ask one of the parties to provide a document that has not already been provided prior to the interview. This is called a business. The obligation to produce a document is a serious matter. If one of the parties to the lawsuit promises to do something and does not do what they promised, the court will make an order against them to fulfill the obligation.
If they are unable to perform their obligation or fail to comply with the court order, there may be consequences, including payment of costs and, in more serious cases, dismissal of their claim or defence. Questioning is a process that can occur at any time in a legal case, but most often takes place when your case goes to court or arbitration. If you need a lawyer or have questions about what to expect during the interview, Ahlstrom Wright`s lawyers are here for you. We understand that legal issues can seem complicated and overwhelming. Ahlstrom Wright is a full-service law firm that provides legal advice in all areas of law (except criminal law). For a free consultation, click here. For more than 3 decades, Bosecke Law`s experienced team of lawyers and lawyers has offered its clients both confidence and security and assists them in litigation. Our lawyers provide expert advice and representation in court when it comes to legal challenges or litigation. Do not hesitate to contact us.
We are in your corner. Your lawyer will meet with you before questioning you to tell you what to expect. This is the perfect time to ask your lawyer any questions you may have before proceeding to questioning. Your lawyer will also discuss settlement options with you. Lawyers for both sides often discuss a possible solution when they meet during questioning. Questioning means being questioned by opposing counsel or party on a legal issue or affidavit. It does not take place in a courtroom, but in a court reporter or law firm. Each question and answer given is recorded and then a transcript of the witness` testimony is made. QUESTION, exercise. A point on which the parties disagree and which is subject to the decision of a judge and jury.
2. If there is any doubt or disagreement as to what the law is on a particular issue, it is called a point of law, and if the party objects, it must be decided by the court; When it comes to truth or falsity, it is a question of fact that must be decided by the jury.
