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Topic: Direct examination


  
  Direct examination -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-18)
Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a ((law) legal proceedings consisting of the judicial examination of issues by a competent tribunal) trial in a (Click link for more info and facts about court of law) court of law.
Direct examination is usually performed to elicit ((law) all the means by which any alleged matter of fact whose truth is investigated at judicial trial is established or disproved) evidence in support of facts which will satisfy a required element of a party's claim or defense.
In direct examination, one is generally prohibited from asking (A question phrased in such a way as to suggest the desired answer; a lawyer may ask leading questions on cross-examination) leading questions.
www.absoluteastronomy.com /encyclopedia/d/di/direct_examination.htm   (277 words)

  
 Examination - Wikipedia, the free encyclopedia
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.
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.
en.wikipedia.org /wiki/Examination   (180 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.
Those examiners who do not seek to enlist the aid of the court in dealing with the problem witness and allow the witness to be unresponsive or evasive believe that the jurors will be able to detect the witness's lack of cooperation and candor and will draw their own adverse conclusions about the witness.
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)

  
 [No title]
Direct examination is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness....
Redirect examination is an examination of a witness by the direct examiner subsequent to the cross-examination of the witness....
Recross-examination is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness....
www.iadvocate.net /CACode/130032_LawFiles.Htm   (539 words)

  
 Direct examination
Direct examination is the questioning of a witness by the party who called him or her to the stand.
In direct examination, one is generally prohibited from asking leading questions.
The lawyer may then ask the court to declare the person he or she has called to the stand a hostile witness.
www.ebroadcast.com.au /lookup/encyclopedia/di/Direct_examination.html   (135 words)

  
 Direct Examination in Criminal Cases
Direct examination is the place to fluently communicate the theme of your case and establish the credibility of your witnesses.
You can use direct examination to present evidence in a form that is (1) legally sufficient to meet the burden of proof, (2) understood and remembered, (3) convincing, (4) able to withstand cross-examination, and (5) anticipatory and contradictory of evidence that the opposition will present.
It is disastrous on direct examination of a friendly or neutral witness for the examiner to appear to be putting words in the witness' mouth.
www.criminaldefense.homestead.com /Direct.html   (6851 words)

  
 [No title]
Direct examination is where the facts are entered into evidence forming the foundation of the inferences that the attorney can argue in his closing argument.
Direct examination can also be used to refute the information of another witness, add to the theme of your case, draw sympathy for one\'92s side, and at least in mock trials, bolster the credibility of the witness.
The two times when leading questions are permitted in direct examination is when the witness is being hostile and when the attorney is establishing a foundation.\par }{\plain \par }{\plain Another question to avoid is one that asks for a narration of events.
www.cwru.edu /orgs/undergradmocktrial/notebook/section_23.doc   (1749 words)

  
 Mock Trial Rules of Evidence (short form)
Direct examination cover all facts relevant to the case of which the witness has personal knowledge.
Attorneys conduct cross examination to explore the weaknesses in the opponent's case, test the witnesses credibility, and establish some of the facts of their team's case when possible.
As a general rule, the direct examiner is prohibited from asking leading questions: he/she cannot ask questions that suggest the desired answer.
www.edteck.com /michigan/activities/rules_short.htm   (1389 words)

  
 SurfWax: News, Reviews and Articles On Direct Examination
Direct examination is known to be a particularly difficult area even for skilled trial lawyers, since they're not in control as they are when cross-examining.
The witness testified, under direct examination of assistant Prosecuting Attorney Deborah Garton, that when the police arrived at the Collis home in late August of 2004, the victim said he hid in the closet because they thought it was her estranged husband.
Yardumian's direct examination of the state's witnesses, and Barker's cross examination, was seemingly geared toward proving or refuting a suicide, as in the previous trial...
www.lawkt.com /files/Direct_Examination.html   (5022 words)

  
 Swab, Bulk, Wipe, Tape Lift Sampling Guide
A direct exam allows for the immediate determination of the presence of fungal spores as well as what types of fungi are present.
Direct examinations should only be used to sample visible mold growth in a contaminated area since most.
Direct examination of a surface indicates all mold present in a given area.
www.emsltesting.com /swab__bulk__wipe__tape_lift_sa.html   (566 words)

  
 Practice Tips; June 2003   (Site not responding. Last check: 2007-10-18)
Direct examination is the key to educating jurors about your case.
A properly structured direct examination of any witness, whether party, occurrence, or expert, is the key to a jury's understanding of the nuts and bolts of your case.
Proper direct examination allows a lawyer essentially to have two shots at closing argument on the medical issues in the case.
www.illinoisbar.org /Member/jun03lj/p305.htm   (1339 words)

  
 Jury Research Services: JR Updates: PAT--Direct Examination
By waiting until the end of direct examination, the attorney can take steps to defuse the impact of anticipated cross-examination.
However, the greater fear should be that the witnesses' nervousness over their testimony should lead them to exhibit cues which are mistaken by the jurors as reflecting deception or lack of confidence in their testimony.
Direct examination is the vehicle by which much of the basic information is conveyed to the jury.
www.nlrg.com /jrsd/patseries/direct.html   (2069 words)

  
 Advanced Trial Handbook: Direct Examination   (Site not responding. Last check: 2007-10-18)
A successful direct examination can be accomplished by controlling the witness without hampering her ability to testify freely, truthfully and honestly.
To prepare the direct examination, you should: review the law; determine what essential elements must be proven through each witness; and list the facts and elements that will be established through the witness.
The jury's focus of the direct examination should be on the witness and not on you.
members.aol.com /richrwg/advtt/hbdirect.htm   (983 words)

  
 Haynes Boone | KnowledgeConnect | Successful Direct Examination   (Site not responding. Last check: 2007-10-18)
I learned direct examination from Herbert J. Stern, a former United States District Judge for the District of New Jersey and a former United States Attorney for the District of New Jersey.
Direct examination is, therefore, arguing your case through your witnesses.
The purpose of direct examination is to argue your case.
www.hayboo.com /knowledge/knowledge_detail.asp?groupid=all&page=pubs&pubid=611   (175 words)

  
 Direct examination - Wikipedia
Direct examination is the questioning of a witness by the party who called him to the stand.
The lawyer may then ask the court to declare to declare the person he has called to the stand a hostile witness.
If the court does so, he may thereafter ply the witness with leading questions on direct examination.
nostalgia.wikipedia.org /wiki/Direct_examination   (157 words)

  
 USING LEADING QUESTIONS DURING DIRECT EXAMINATION
Traditionally, questions asked a witness during direct examination cannot be in a form suggesting the answer to the witness.
The language of rule 611 recognizes that a party may use leading questions on direct examination where they are "necessary to develop the witness'[s] testimony."[66] Generally, the necessity exception has been applied where the witness is very young, timid, ignorant, unresponsive, or infirm.
Legislators did address the matter of leading questions on direct examination by adopting, in the 1995 amendment to section 90.612(3), language that restates circumstances where leading questions are appropriate.
www.law.fsu.edu /journals/lawreview/issues/232/ehrhardt.html   (4648 words)

  
 BioMed Central | Full text | Direct microscopic examination of imprints in patients undergoing cardiac valve replacement
This weak threshold of the direct microscopic examination of imprints could be due to antimicrobial therapy prescribed before cardiac surgery and the fact that the patients came from a tertiary hospital receiving patients with a prolonged history of endocarditis.
Direct microscopic examination of imprints of the valve is not usually requested.
The aim of the study was to determine if routine direct microscopic examination of imprints and the culture of the native valves are informative for confirming and diagnosing endocarditis, using the histopathology as gold standard defining an evolutive inflammatory process.
www.biomedcentral.com /1472-6890/1/6   (1939 words)

  
 [No title]   (Site not responding. Last check: 2007-10-18)
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.
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.
dictionary.law.com /definition2.asp?selected=672&bold=||||   (193 words)

  
 LawKT.com: Law Firm Publications on Direct Examination
Examination of these four points reveals that they serve those of us who labor in the vineyards of litigation as well today as they have served Aristotelian scholars for 23 centuries.
Each witness is subject to oral direct examination, which means the lawyer for the party calling the witness questions him in front of the jury.
This is a direct result of the request by the Justice Department to combine its motion for a preliminary injunction with an expe- dited trial on the merits, a procedure common in government antitrust challenges to mergers in the United States, but rare in other types of cases.
www.lawkt.com /pubs/Direct_Examination.html   (3132 words)

  
 225 Pa. Code Rule 611. Mode and Order of Interrogation and Presentation.
Cross-examination of a witness other than a party in a civil case should be limited to the subject matter of the direct examination and matters affecting credibility; however, the court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.
Leading questions should not be used on the direct or redirect examination of a witness except as may be necessary to develop the witness’ testimony.
For example, leading questions may be appropriate when the testimony of a witness who was called and examined as a hostile witness by one party substantially harms the interest of another party with whom the witness is neither friendly nor unfriendly.
www.pacode.com /secure/data/225/chapter6/s611.html   (1110 words)

  
 FLRA GC Litigation Manual - Part 2 - S.   (Site not responding. Last check: 2007-10-18)
Direct examination is the most important part of the trial.
To provide guidance on the organization of direct examination which includes the objectives of direct examination, structuring the questions, what to avoid, and techniques to use to elicit testimony.
an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross- examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness.
www.flra.gov /gc/lm_p2-s.html   (1132 words)

  
 ipedia.com: Cross-examination Article   (Site not responding. Last check: 2007-10-18)
It is preceded by direct examination and may be followed by a redirect.
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.
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.
www.ipedia.com /cross_examination.html   (146 words)

  
 Direct examination - Encyclopedia, History, Geography and Biography
Direct examination - Encyclopedia, History, Geography and Biography
Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a trial in a court of law.
Direct examination is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense.
www.arikah.net /encyclopedia/Direct_examination   (195 words)

  
 Define Re-direct examination : powered by In Dictionary (InDicitonary.com)   (Site not responding. Last check: 2007-10-18)
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.
[1913 Webster] Examination in chief, or Direct examination (Law), that examination which is made of a witness by a party calling him.
Re["e]xamination, or Re-direct examination, (Law) that questioning of a witness at trial made by the party calling the witness, after, and upon matters arising out of, the cross-examination; also called informally re-direct.
www.indictionary.com /define/Re-direct_examination   (345 words)

  
 Sample Direct Examination
direct 1027 l A I'm employed by the City of Chicago as a police 2 officer.
25 Q Now, you said that you did not ask -- you said direct 1029 1 that you did not ask the defendant about the charges 2 that he was facing at that time.
And he went into the vehicle and direct 1032 1 recovered a loaded.38 caliber weapon, 2 Q Showing you what is marked Government Exhibits 3 156 and 157.
www.usdoj.gov /usao/eousa/kidspage/direct.html   (1122 words)

  
 Team Frame
Direct examination is your chief opportunity to tell your story.
Do not think of direct examination simply as the phase of trial in which to insert favorable evidence into the record, and rely on final argument to persuade the trier.
An effective direct persuades a trier that a witness' testimony is accurate, and helps the trier recognize the important evidence that proves your factual propositions.
sws.bu.edu /plr/mcktrial/private/resources/dx-1.html   (3719 words)

  
 Direct Assessment - Pipeline Corrosion Technology - Providing Quality Direct Assessment Services   (Site not responding. Last check: 2007-10-18)
Direct Assessment is an integrity assessment method that utilizes a process to evaluate certain threats (i.e., external corrosion, internal corrosion and stress corrosion cracking) to a covered pipeline segment's integrity.
The process includes the gathering and integration of risk factor data, indirect examination or analysis to identify areas of suspected corrosion, direct examination of the pipeline in these areas, and post assessment evaluation.
- is a four-step process that combines preassessment, indirect inspection, direct examination, and post assessment to evaluate the threat of external corrosion to the integrity of the pipeline.
www.pipecorr.com /DA.html   (340 words)

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