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| | 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. | | | 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. | | | During policy debate there are four cross examination periods, one after each of the first four speeches. |
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http://en.wikipedia.org/wiki/Cross-examination
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| | 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. |
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http://www.howardnations.com/crossexamination/cross_ex.html
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| | 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. |
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http://dict.die.net/cross-examination
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| | Preparing for Cross Examination and Appellate Review |
| | Properly done, cross-examination of opposing party witnesses can be as effective a part of winning ones case as the direct examination of ones own witnesses. | | | Further, issue preservation of excluded cross-examination testimony is imperative if the case has a chance of being appealed. | | | It is also useful to cross reference the applicable evidentiary rule relied upon (and any case on point) if an objection to the question is anticipated. |
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http://www.gregoryforman.com/html/preparing_for_cross_examinatio.html
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| | CFAC: California First Amendment Coalition |
| | 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. | | | 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. | | | 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. |
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http://www.cfac.org/CaseLaw/Cases/fost.html
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| | 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. |
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http://www.gowlings.com/resources/publications.asp?pubid=103
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| | 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. |
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http://www.wwlia.org/Cross-examination.htm
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| | 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. | | | Before you examined it, did someone tell you that, if valid, it contained a statement by the Karmapa made in the early 1980's containing a detailed description of someone "scheduled" to be born years later? |
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http://www.nalandabodhi.org/forensiccross.html
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| | 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). |
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http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=02-9410
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| | 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). | | | They may also be addressed as "witness" and "examiner", as the case may be, but pejorative references should be avoided. | | | You may be able to give the examiner most of what he wants without hurting your case. |
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http://www.csdf.freeservers.com/cross.html
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| | 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). |
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http://www.law.emory.edu/1circuit/jan96/95-1113.01a.html
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| | 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. |
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http://www.nlrg.com/jrsd/patseries/cross.html
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| | 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... | | | In Anglo-American proceedings an examination usually begins with direct examination (called examination in chief in England) by the party who called the witness. | | | The general examination usually makes use of a speculum for a view of the vagina and cervix. |
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http://www.britannica.com/eb/article-28376?tocId=28376
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| | R. v. Shearing |
| | 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. | | | 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]". | | | 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. |
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http://www.lexum.umontreal.ca/csc-scc/en/pub/2002/vol3/html/2002scr3_0033.html
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| | 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. | | | Accordingly, I would hold California Evidence Code 1235 in violation of the Confrontation Clause to the extent that it permits the substantive use at trial of prior statements, whether extrajudicial or testimonial, when the declarant is present at trial but unable or unwilling to be questioned about the events with which the prior statements dealt. |
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http://caselaw.findlaw.com/scripts/getcase.pl?court=US&vol=399&invol=149
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| | R. v. Osolin, [1993] 4 S.C.R. 595 |
| | 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. | | | 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. |
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http://www.lexum.umontreal.ca/csc-scc/en/pub/1993/vol4/html/1993scr4_0595.html
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| | FRE - Notes to Rule 611 (LII 2004 ed.) |
| | Rule 611(b) as submitted by the Supreme Court permitted a broad scope of cross-examination: "cross-examination on any matter relevant to any issue in the case" unless the judge, in the interests of justice, limited the scope of cross-examination. | | | 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. | | | 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. |
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http://www.law.cornell.edu/rules/fre/ACRule611.htm
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| | Basic Trial Advocacy |
| | Based on the direct examination, you may face a decision whether to forgo questions because they were covered on the direct examination. | | | The opposing lawyer may conduct a voir dire examination of the witness concerning foundation matters, and/or may make objections to the admission of the exhibit. | | | The general rule governing impeachment by prior inconsistent statements is that you may impeach facts testified to on direct examination only. |
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http://www.law.indiana.edu/webinit/tanford/reference/basictactics.html
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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 person who passes an examination receives a diploma, a driving or professional licence, depending on the examination's objectives. | | | A comprehensive examination is a specific type of exam taken by graduate students, which may determine their eligibility to continue their studies. |
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http://en.wikipedia.org/wiki/Examination
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| | Advisory Board of Directors: |
| | In order to entitle a party to a cross-examination the witness must have been sworn and examined; for even if the witness be asked a question in chief, yet if he made no answer, the opponent has no right to cross-examine. | | | CROSS-EXAMINATION - The questioning of an opposing party's witness about matters brought up during direct examination. | | | In cross-examinations a great latitude is allowed in the mode of putting questions, and the counsel may put leading questions. |
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http://www.balticbankinggroup.com/bbgdicionary/Cross-Examination.htm
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | United States, 282 U.S. 687, 692 (1931)(noting that cross-examination "is necessarily exploratory; and the rule that the examiner must indicate the purpose of his inquiry does not, in general, apply"); Dorsey, 872 F.2d at 167 ("[T]he defense is not required to be able to state beforehand exactly what facts it wishes to elicit. | | | Indeed, it does not appear that the defense sought to examine Berman's mental history beyond its cross-examination of Berman and her mother. | | | The court agreed with the State, and barred examination on this subject. |
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http://caselaw.findlaw.com/cgi-bin/getcase.pl?court=6th&navby=case&no=00a0327p
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| | 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. |
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http://www.njdwidefense.com/crossexam.htm
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| | 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. |
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http://www.mobar.org/journal/2000/sepoct/dysart.htm
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| | ABA Division for Public Education: Steps in a Trial: Cross Examination |
| | Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination. | | | Cross-examination is generally limited to questioning only on matters that were raised during direct examination. | | | When a lawyer calls an adverse or hostile witness (a witness whose relationship to the lawyer& client is such that his testimony is likely to be prejudicial) on direct examination, the lawyer can ask leading questions as on cross-examination. |
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http://www.abanet.org/publiced/courts/crossexam.html
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| | Expert Witnesses--How to select, prepare, depose, and cross-examine expert witnesses, including techniques and references to California and federal law. |
| | cross examine expert witness, cross examine expert witnesses, cross examination of expert witnesses, deposition of expert witness, deposition of expert witnesses, law, rules, techniques, depose expert witness, depose expert witnesses, preparation, selection of expert witness, select expert witnesses, litigation, civil litigation, how to, California, procedure | | | Examining one's own expert on re-direct can afford your opponent an opportunity to revisit and reinforce your expert's weakest areas on re-cross if the re-direct examination is not carefully circumscribed. | | | Counsel must make a determination of whether his or her expert needs to be rehabilitated on re-direct examination. |
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http://www.dicarlolaw.com/ExpertWitnesses.htm
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| | No. 87245, P. v. Blue (Il. S. Ct.) |
| | 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. | | | 611(b) ("Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. | | | 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. |
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http://www.state.il.us/court/Opinions/SupremeCourt/2001/September/Opinions/Html/87245.htm
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| | Persuasibility |
| | leading-leading the witness (such as leading questions) are permissable on cross-examination but not on direct examination (unless the judge rules that the witness testifying on direct examination is a hostile witness). | | | assuming facts not in evidence- This objection often occurs during examinations, particularly cross-examination, when the introductory part of the question assumes a fact that is not in evidence and the existence of which is in dispute. | | | Misstates evidence/mispuotes witnesses- A question that misstates and distorts evidence or misquotes a witness is improper, whether this is done during the examination of witnesses or during closing arguments. |
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http://www.uark.edu/depts/comminfo/Lindsley/lc6.html
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| | Salt Lake City Weekly - The Scapegoat Theory |
| | Witness examination was done primarily by seven lawyers, three for the prosecution, and four for the defense. | | | So the final grades are primarily for witness examination and tactics. | | | My final grades are issued for the four primary attorneys in the case: Richard Wiedis and John Scott for the government, Bill Taylor for Welch and Max Wheeler for Johnson. |
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http://www.slweekly.com/editorial/2003/feat_2003-12-11.cfm
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| | IPT Journal - "Cross Examination of the Medical Expert" |
| | Paul, D. The pitfalls which may be encountered during an examination for signs of sexual abuse. | | | Lawyers are used to hearing doctors say that certain examinations are normal; "normal chest," "normal cervical spine," etc. In the strange world of child abuse, the word "normal" is rarely used and some "experts" caution against its use. | | | If you can, find out where and from whom they learned about physical examinations for sexual abuse, who they consider authoritative on the subject and then obtain, read, and understand everything that the doctor, their teachers, or their own recognized authorities have written. |
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http://www.ipt-forensics.com/journal/volume7/j7_4_5.htm
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