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Affect Of Examination In Chief Or Direct Examination In the Court Affect Of Examination In Chief Or Direct Examination In the Court

Bronze medal Reporter Adv John Posted 6 Feb 2019 Post Comment Visitors: 50 Read More News and Blogs
Affect Of Examination In Chief Or Direct Examination In the Court

Affect Of Examination In Cheif Or Direct Examination In the Court

Direct examination or examination in chief is the initial questioning or crossing a witness during the time of trial. The questioning is done by the lawyer who called the witness to present in the court. Questions asked to the witness by the lawyer during the time of direct examination cannot be in a form suggesting the answer to the witness. These are called leading questions. It is the questioning of a witness under an oath by the party on whose call the witness has appeared. With examination in chief, the witness has a chance to tell their side of the story.

“The statement that time is infinitely divisible was said to be a scientific fact. No doubt, when a bevy of angels is performing saltatory exercises on the point of a needle, it is always possible to find room for one more. But propositions of this kind appear to me to be ill-suited for adoption by the law which proceeds on principles of practical common sense.” - Justice (Lord) Green 


Direct examination v/s cross-examination

During the time of direct examination, lawyers in United States can ask questions to the witness. Lawyers can ask the witness to identify evidence, such as photographs, proofs, documents and what they saw. During the time of direct examination, a judge will have prominent control and direction over the form of the questions. If any repetition in asking questions the judge have the right to stop repetitive questioning and prevent a lawyer from asking leading questions. The judge has the rights to suggest, or prompt the witness to give a particular answer. During the time of prosecution, a judge won't restrict questions unless the other lawyer makes an objection. If the plaintiff's lawyer is leading the witness, then the lawyer for the "Suspect" (the person being sued) can object to the question. After listening to the objection, the judge will either grant or overrule it and permit the witness to answer the question. In most situation, a witness cannot able to give an opinion or suggest conclusions from the evidence and proof unless that person has been qualified as an adept.

In the case of cross-examination, attorneys have rights to defend the prosecution. After plaintiff's lawyer completes the direct examination, the defense lawyer has the next chance to cross the prosecution. Cross-examination is included in the fundamental rights of the United States. Lawyers in United States are efficient and responsible to handle any type of cases. Generally, cross-examination is restricted to matters covered during the direct examination during the time of prosecution.  Leading questions are granted by the judge in cross-examination.

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