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Topic: Cross-examination

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Examination - Wikipedia, the free encyclopedia A competitive examination is an examination where applicants compete for a limited numbers of positions, as opposed to merely having to reach a certain level to pass. A comprehensive examination is a specific type of exam taken by graduate students, which may determine their eligibility to continue their studies. In an academic or professional context, examinations (or exams for short) are tests which aim to determine the ability of a student or a prospective practitioner. en.wikipedia.org /wiki/Examination   (180 words)

Cross-examination - Wikipedia, the free encyclopedia Unlike in direct examinations, however, leading questions are typically permitted in a cross-examination, since the witness is presumed to be sympathetic to the opposing side. During policy debate there are four cross examination periods, one after each of the first four speeches. In the United States, the cross-examining attorney is typically not permitted to ask questions which do not pertain to the facts revealed in direct examination. en.wikipedia.org /wiki/Cross-examination   (194 words)

Howard L. Nations Law Offices - Cross Examination If, during direct examination, you determine that cross-examination is necessary, conduct a quick damage assessment from the perspective of the jury--keeping clearly in focus that the jurors are the sole judges of factual disputes, the credibility of the witnesses, and the amount of damages to be awarded. When examining a witness who seeks to explain every answer, you may request the court to instruct the witness to limit answers during cross-examination to responses to the questions posed by the examiner and to further instruct that defense counsel, during redirect examination, will have a chance to bring out explanations. Counsel, with her face buried in a legal pad taking notes during direct examination of the opponent's witness, is missing many important elements of the case, including the witness's demeanor, opposing counsel's histrionics, the judge's body language, and the jury's reactions to the entire scenario. www.howardnations.com /crossexamination/cross_ex.html   (13245 words)

Gowlings Resources [Cross-Examining The Expert Witness] She should work with you in preparing your cross examination and ultimately, will be present to offer advice at trial or, at a minimum, present for those fact witnesses who will form part of the foundation for your expert's opinion and for the evidence of the adverse expert. Your cross examination will move from simply shooting questions in the dark to confidently taking on the spotlight in what is a most challenging part of advocacy. On cross examination, you will seek to have the expert identify the sources from which she assumed the underlying facts or premises. www.gowlings.com /resources/publications.asp?pubid=103   (1952 words)

Preparing for Cross Examination and Appellate Review Properly done, cross-examination of opposing party witnesses can be as effective a part of winning one’s case as the direct examination of one’s own witnesses. Further, issue preservation of excluded cross-examination testimony is imperative if the case has a chance of being appealed. In drafting the outline, it is useful to cross reference any exhibit you might have at your disposal should the answer one receives not be the answer one expects. www.gregoryforman.com /html/preparing_for_cross_examinatio.html   (1542 words)

cross-examination - definition by dict.die.net Re["e]xamination, or Re-direct examination, that made by a party calling a witness, after, and upon matters arising out of, the cross-examination. Examination in chief, or Direct examination (Law), that examination which is made of a witness by a party calling him. A process prescribed or assigned for testing qualification; as, the examination of a student, or of a candidate for admission to the bar or the ministry. dict.die.net /cross-examination   (145 words)

News - Cross Examination Cross, naturally, argues that not having had the experience of a full-time political job is one of his strengths as a congressional candidate because he is more in touch with what people want. Marty says even though she doesn't agree with Cross on all the issues, such as gay marriage (which she is for and he's against) or the Patriot Act (which she's against and he's mostly for), she relates to him on a personal level. As it is, Cross may not be a "zillionaire," but as the managing partner of the biggest law firm in Spokane, president-elect of the Spokane Regional Chamber of Commerce and former member of the board of directors for the Spokane Public Facilities District, Cross isn't doing too shabby. www.inlander.com /localnews/283314881372270.php   (1207 words)

AN INTRODUCTION TO Because the examiner may only ask questions, it is very difficult to cross-examine on abstract issues (which, in any event, should be avoided in a debate). Your opponent whom you are examining ceases to be relevant - at least in the sense that although you are asking him questions, you do not particularly care what answer he in fact gives. If the examiner is mistaken, show later why his questions don’t make sense or don’t justify the conclusion he seeks. www.csdf.freeservers.com /cross.html   (4604 words)

Cross-examination The purpose of cross examination: With the legal device of cross examination, the court aims to ascertain the truth by sifting through the evidence and trying the credibility of a witness who has been called and given evidence in chief. In cross examination you are allowed to ask leading questions, whereas the same is not allowed in examination-in-chief. The term means the examination of a witness, by the party who did not call him upon matters to which he has been examined in chief. www.wwlia.org /Cross-examination.htm   (370 words)

Cross Examination, Civil Procedure Law Good cross examination is exciting to watch and some thing it is the best way to get at the truth of a matter. During trial, and during deposition, after a party calls a witness to the stand and completes the direct examination, the witness is turned over, or passed, to the other party for what is called cross examination. In cross examination, the attorney may ask leading questions, which is an advantage. www.legal-term.com /crossexamination-definition.htm   (72 words)

Forensics 2: A sample cross-examination The request for a forensic examination invokes a specific legal procedure in the United States, in which the claims of someone claiming forensic expertise is subject to adversarial cross-examination. In the instant case, moreover, the circumstances of the type of evidence subject to examine raise insuperable difficulties for an expert attempting to show a valid examination. In this instance, we are not asking an expert to examine the English language written on a forged check, something which is familiar to examiners. www.nalandabodhi.org /forensiccross.html   (754 words)

CFAC: California First Amendment Coalition Cross-examination-defined as "the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination of the witness" (Evid. Code, § 711) "A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action in such order as the court directs." (Evid. For that reason, it is necessarily exploratory, and the rule that the examiner must indicate the purpose of his inquiry does not in general apply. www.cfac.org /CaseLaw/Cases/fost.html   (4284 words)

Jury Research Services: JR Updates: PAT--Cross-Examination Thus, when an attorney approaches the witness during cross-examination and stands close to the witness while the witness is asked to examine a document or read part of a document to the jury, the witness is likely to feel an increase in stress from the interaction. Without a plan as to what will be elicited from the witness, the cross-examination appears disorganized and the jury is less able to see the significance of points made during the examination. The examination should be directed to uncovering what favorable evidence is available and should conclude on a respectful note. www.nlrg.com /jrsd/patseries/cross.html   (2082 words)

Pseudoscience, Cross-examination, and Scientific Evidence in the Recovered Gleaves, D.H. The evidence for "repression": An examination of Holmes (1990) and the implications for the recovered memory controversy. Those to whom the courtroom is familiar territory know the expert witness who, enjoying the unfettered freedom of open-ended questions during direct examination, creates a compelling structure of argument. Examining original sources is necessary because all of us in this area,the tone of some of our writings to the contrary,are human and subject to error. kspope.com /memory/repweb2a.php   (9314 words)

Examination and cross-examination (from evidence) --  Encyclopædia Britannica After direct examination the attorney for the other party may conduct a cross-examination of the same witness, usually designed to cause him to... The Red Cross movement began with the founding of the International Committee for the Relief of the Wounded (now the International Committee of the Red Cross) in 1863; it was established to care for victims of battle in time of war, but later national Red Cross societies were created to aid... The cross recalls the Crucifixion of Jesus and the redeeming benefits of his Passion and death. www.britannica.com /eb/article-28376?tocId=28376   (906 words)

R. v. Shearing In direct examination on the voir dire, KWG clearly indicated that she thought the belongings she left behind, including her diary, "would be in [her mother's] care" and expected her mother "would give it back to [her]". At one time, privacy interests could often be effectively protected only by property-based concepts since the ability to prohibit strangers crossing property lines (as for example to gain access to one's home) or get their hands on physical objects (including documents) was tantamount to controlling the private information contained therein. The court does not examine the contents of a private document to evaluate a privacy interest because informational privacy derives from an assumption that all information about a person is in a fundamental way his or her own. www.lexum.umontreal.ca /csc-scc/en/pub/2002/vol3/html/2002scr3_0033.html   (17245 words)

United States v. Gary When cross-examination on material issues raised on direct examination is curtailed because of a witness's valid claim of privilege, however, the trial court, in its discretion, may refuse to permit that witness's testimony. Gary suggests that, rather than prohibit Hopkins' live testimony altogether, the trial court should have permitted Hopkins to testify on direct examination and forced him to invoke the Fifth Amendment privilege on cross-examination in the presence of the jury. In Gary's first trial, in response to a question on re-direct examination as to why he did not attempt to recover fingerprints, he answered: "As far as the size of the gun -- the surface of the weapon, also the people involved in the case both had gloves on." (emphasis added). www.law.emory.edu /1circuit/jan96/95-1113.01a.html   (5057 words)

R. v. Osolin, [1993] 4 S.C.R. 595 It is suggested that the judge has an independent duty to examine the material available for cross-examination and to ensure that any relevant avenues for impeachment of the complainant which counsel for the accused may have overlooked are explored. Moreover, in my view, the starting point to the examination of this question is not the wide ability of the accused to cross-examine the complainant, but, rather, the following two considerations which arise much earlier in the trial process: the fundamental entitlement of us all, guaranteed by s. If the appellant is correct, the trial judge must examine all of these pages to see whether there may be some entry which might be a ground for cross-examination supportive of the defence. www.lexum.umontreal.ca /csc-scc/en/pub/1993/vol4/html/1993scr4_0595.html   (19140 words)

FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code United States, 156 U.S. Viewed historically, then, there is good reason to conclude that the Confrontation Clause is not violated by admitting a declarant's out-of-court statements, as long as the declarant is testifying as a witness and subject to full and effective cross-examination. Second, neither defense nor prosecution is eager before trial to disclose its case by extensive examination at the preliminary hearing; thorough questioning of a prosecution witness by defense counsel may easily amount to a grant of gratis discovery to the State. Wixon, 326 U.S. (1945), this is hearsay only in a technical sense since the witness may be examined at the trial as to the circumstances of memory, opportunity to observe, meaning, and veracity. caselaw.findlaw.com /scripts/getcase.pl?court=US&vol=399&invol=149   (13978 words)

FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code Nevertheless, by 1791 (the year the Sixth Amendment was ratified), courts were applying the cross-examination rule even to examinations by justices of the peace in felony cases. The examination was nonetheless admitted on a closely divided vote after several of those present opined that the common-law rules of procedure did not apply to parliamentary attainder proceedings--one speaker even admitting that the evidence would normally be inadmissible. Rep., at 819-822 (concluding that an ex parte examination was admissible as an exception to the hearsay rule because it was a declaration by a party of his state and condition). caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=000&invol=02-9410   (11944 words)

FRE - Notes to Rule 611 (LII 2004 ed.) Although there are good arguments in support of broad cross-examination from perspectives of developing all relevant evidence, we believe the factors of insuring an orderly and predictable development of the evidence weigh in favor of the narrower rule, especially when discretion is given to the trial judge to permit inquiry into additional matters. The House narrowed the Rule to the more traditional practice of limiting cross-examination to the subject matter of direct examination (and credibility), but with discretion in the judge to permit inquiry into additional matters in situations where that would aid in the development of the evidence or otherwise facilitate the conduct of the trial. It limits cross-examination to credibility and to matters testified to on direct examination, unless the judge permits more, in which event the cross-examiner must proceed as if on direct examination. www.law.cornell.edu /rules/fre/ACRule611.htm   (1877 words)

New Jersey DWI Defense - New Jersey Drunk Driving DWI Defense Cross Examination Effective cross examination is a skilled art - it requires (1) a mastery of the factual allegations, (2) experience, and (3) being able to glean a “feel” for the witness, the court and all of the participants. EXCERPTS OF CROSS EXAMINATION OF ARRESTING POLICE OFFICER BY GREGGORY M. The following excerpts from a cross examination are from a real DWI Trial in an Essex County, New Jersey Municipal Court, defended by Mr. It should also be noted that just as there are no “cookie cutter” defenses to a DWI charge, there are no standard or routine formats for cross examining any witness, including a police officer. www.njdwidefense.com /crossexam.htm   (945 words)

cross-examination, cross-examinations- WordWeb dictionary definition (law) close questioning of a hostile witness in a court of law to discredit or throw a new light on the testimony already provided in direct examination www.wordwebonline.com /en/CROSSEXAMINATION   (27 words)

cxguides.html Use your cross examination periods esp. to expose assertions of the opposition, expose hidden assumptions in the debate, show weaknesses in the links between the opponents evidence and their contentions, to expose base evidence and bad analysis particulary weak causal analysis or methodology "Cross Examination" in Pragmatic Debate by William Bennett Cross x is to be used for questions and answers. debate.uvm.edu /cxguides.html   (1290 words)

CROSS EXAMINATION Consider cross examination an information exchange period - it is not the time to role play lawyer. Here are some questions that each speaker should try to get answered during their cross examination. The cross-examination period of a debate is a time when the person who is not going to speak next in the constructives questions the person who has just finished speaking. debate.uvm.edu /code/080.html   (596 words)

Basic Trial Advocacy An adverse witness, especially one who uses a diagram of the scene to aid his or her direct examination, always should be able to corroborate that there would have been a good line of sight from another location. Based on the direct examination, you may face a decision whether to forgo questions because they were covered on the direct examination. During the examination of witnesses, you can note the exact words used by a witness at a critical time, so that they can be quoted accurately. www.law.indiana.edu /webinit/tanford/reference/basictactics.html   (9353 words)

The Permissible Scope of Cross-Examination of Expert Medical Witnesses The party desiring use of the books [in cross-examination] can also establish their standing by proper voir dire examination of his own expert outside the hearing of the jury, thereby laying the foundation for their use in cross-examination at the proper time. The number of examinations that the doctor was performing for defendants three years ago was not an issue in the case. Plaintiff was trying to impeach the doctor's credibility by showing that three years ago he had testified that he did three to four times as many examinations for defendants as for plaintiffs, but in his testimony at this trial he denied that he did so and said that he did not keep track. www.mobar.org /journal/2000/sepoct/dysart.htm   (3447 words)

No. 87245, P. v. Blue (Il. S. Ct.) Additionally, although cross-examination which ranges beyond the subject of direct examination to place the defense theory of the case before the jury is generally improper (see M. Graham, Cleary and Graham's Handbook of Illinois Evidence §611.11, at 514 (7th ed. 611(b) ("Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The scope of a defendant's cross-examination is limited to the subject of direct examination and "[a]ny permissible matter which affects the witness's credibility." People v. www.state.il.us /court/Opinions/SupremeCourt/2001/September/Opinions/Html/87245.htm   (6916 words)

Cross Examination Debate Association CEDA also publishes Contemporary Argumentation and Debate: The Journal of the Cross Examination Debate Association, a refereed scholarly journal that serves as the primary outlet for monographs and essays addressing issues related to the theory and practice of academic debate. Founded in 1971 as the Southwest Cross Examination Debate Association, CEDA is now the primary national association promoting policy topic intercollegiate academic debate. In addition to sponsoring scholarly programs on issues of interest to association members at the annual convention of the National Communication Association, CEDA has organized two indigenous scholarly assessment conferences: The 1991 St. Paul 20th Anniversary Assessment Conference, and the 2001 Tahoe Conference on Academic Debate. cedadebate.org   (234 words)

Answers About Cross Examination Cross examination is a conversation being held for the examination is for the judge and that the main focus should be on the examined fainted and the person cross examining didn't notice it, since www.osi.hu /debate/messag22.htm   (909 words)

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