Cross-Examination
When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.
Secondly, What does Discovery mean in court? To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.
Can a witness be called twice?
It reasons that employing such a strategy quite literally allows you to cross-examine the adverse witness twice, giving the trier of fact two opportunities to see the weaknesses in the defense as well as to hear your client’s story through the words of the opposing party.
Similarly, What is the defendant? Definition of defendant
(Entry 1 of 2) law. : a person or group against whom a criminal or civil action is brought : someone who is being sued or accused of committing a crime if the jury finds the defendant not guilty — compare plaintiff. defendant.
What is plaintiff law?
plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued. The term corresponds to petitioner in equity and civil law and to libelant in admiralty.
What is the difference between discovery and investigation? is that discover is (obsolete) to remove the cover from; to uncover (a head, building etc) while investigate is to inquire into or study in order to ascertain facts or information.
What is exculpatory evidence? Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
What are the three types of discovery? That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions.
Can a lawyer cross-examine his own witness?
a party may not cross-examine his own witness. However, the advantage of having a witness declared hostile is that the party calling him may thereafter cross-examine the hostile witness.
Can you impeach your own witness? The traditional rule against impeaching one’s own witness is abandoned as based on false premises. A party does not hold out his witnesses as worthy of belief, since he rarely has a free choice in selecting them. Denial of the right leaves the party at the mercy of the witness and the adversary.
What is a leading question in court?
As indicated by the term, a leading question is one that leads a witness to an answer, by either suggesting the answer or by substituting the words of the questioning attorney for those of the witness.
Who is the accused in a criminal case? Defendant. A person who is charged with a criminal offence. Another word for “an accused” is “defendant”.
Who is accused person?
The term ” accused ” has not been specifically defined in the code but what we generally understand is that the accused means the person charged with an infringement of the law for which he is liable and if convicted then to be punished. In other words, a person who is charged with the commission of offence.
Who registered the FIR?
As stated earlier, Section 154 obligates the police to register the FIR after receiving the information, oral or written, qua commission of a cognizable offence. It is worth noting that the police officials have the right to arrest the accused without the permission of the Magistrate in cognizable cases.
Who is the complainant in a criminal case? A complainant is someone who makes a report of criminal wrongdoing. A complainant can be the victim or witness of an alleged crime. A complainant will make a detailed statement to the police regarding the facts and circumstances of the complaint.
What is the meaning of plea for mitigation? A Plea in Mitigation is a formal statement read to the court after you have pleaded guilty or admitted the offence. The aim is to explain your personal circumstances and provide an explanation for committing the offence.
What are two ways of obtaining facts in a case?
This comes in two forms:
- Formal discovery conducted under the applicable rules of civil procedure that is compelled from others.
- Informal discovery conducted completely outside the ambit of any rules of civil procedure and mostly that which is voluntarily given to the advocate by others.
What is trial ambush? A trial by ambush is what happens when one side or another in a trial is caught by surprise by some unexpected or unknown factor.
What types of evidence can be legally obtained during the discovery process?
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and …
What makes a witness an expert? Rules about expert witnesses are set by state and federal rules of evidence, depending on whether your case is in state or federal court. According to the Federal Rules of Evidence, a qualified expert witness is someone who has knowledge, skill, education, experience, or training in a specialized field.
What is the burden of proof in a criminal case?
For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.
What is Brady material in law? A “Brady material” or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused–evidence that goes towards negating a defendant’s guilt, that would reduce a defendant’s potential sentence, or evidence going to the credibility of a witness.
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