what is it called when the victim or defendant are questioned by the opposing side's lawyer

Who is the defendant in court?

Apr 22, 2015 · When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case.

What is it called when you ask questions of witnesses?

When a witness is asked questions about their evidence by the lawyer for the opposing side or party. The Crown In higher courts, the prosecution may be referred to as ‘the Crown’. This is because prosecutors that work for the CDPP are representing the Queen in her role as the head of the Commonwealth. Custody

What do you call the lawyer who represents the accused?

Defendant: a person who has been formally charged with committing a crime; the person accused of a crime. Defense Attorney: the lawyer who represents the defendant in legal proceedings. Victims are usually not required to speak with defense attorneys except …

What happens when a witness is called to the stand?

The CDPP may sometimes be called “the Commonwealth” or “the Crown” in Court. Commonwealth Offence. A criminal offence against a Commonwealth or Federal law (as opposed to a State or Territory law). Complainant. A term used in court to refer to a victim of crime.. Conference. A meeting with a solicitor / barrister to talk about the case ...

What is it called when a lawyer questions a witness from the other side?

Cross Examination: The questions which a lawyer puts to the party or a witness on the opposing side.

What is it called when lawyers ask questions?

When a lawyer calls an adverse or hostile witness (a witness whose relationship to the lawyer's client is such that his testimony is likely to be prejudicial) on direct examination, the lawyer can ask leading questions as on cross-examination.Sep 9, 2019

What is it called when a lawyer questions a witness?

Search Legal Terms and Definitions short for "leading the witness," in which the attorney during a trial or deposition asks questions in a form in which he/she puts words in the mouth of the witness or suggests the answer.

What is a dispute between opposing parties in court called?

A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law.

What is the opposing lawyer called?

Brother/Sister: When speaking to the court, attorneys often refer to opposing counsel as “My Brother” or “My Sister”. The attorneys are not related, they use this reference because they are looked upon as brethren in the law. Burden of Proof: The duty to prove disputed facts.

What is it called when an attorney argues?

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.

What is it called when you are questioned in court?

examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.

What does the term cross-examination mean?

Definition of cross-examination : the examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility — compare direct examination.

What is questioning called in court?

The questioning of each witness by the attorney who called that witness to the stand is called direct examination. During the direct examination, the opposing attorney can object to the question before the witness has a chance to answer it.

What is the judicial review?

Judicial review is the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in accordance with the constitution. Any action that conflicts with the constitution is declared unconstitutional and therefore nullified.

What is arbitration in court?

Arbitration is a method of resolving disputes outside of court. Parties refer their disputes to an arbitrator who reviews the evidence, listens to the parties, and then makes a decision.

What a deposition means?

A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

What is it called when you are questioned by an opposing attorney?

When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case.

How to deal with an angry witness?

A witness who is angry may exaggerate or appear to be less than objective, or emotionally unstable. Keep your temper. Always be courteous, even if the attorney questioning you appears discourteous. Don’t appear to be a “wise guy” or you will lose the respect of the judge and jury.

What to do if your answer is not correct?

If your answer was not correctly stated, correct it immediately. If your answer was not clear, clarify it immediately. It is better to correct a mistake yourself than to have the attorney discover an error in your testimony. If you realize you have answered incorrectly, say, “May I correct something I said earlier?” Sometimes witnesses give inconsistent testimony – something they said before doesn’t agree with something they said later. If this happens to you, don’t get flustered. Just explain honestly why you were mistaken. The jury, like the rest of us, understands that people make honest mistakes.

Why is appearance important in court?

A neat appearance and proper dress in court are important. An appearance that seems very casual or very dressy will distract the jury during the brief time you’re on the stand, and the jury may not pay attention to your testimony.

How to be a responsible witness?

Be A Responsible Witness. When you are called into court for any reason, be serious, avoid laughing, and avoid saying anything about the case until you are actually on the witness stand.

What to say when someone says "that's all I remember"?

Unless certain, don’t say “That’s all of the conversation” or “Nothing else happened”. Instead say, “That’s all I recall,” or “That’s all I remember happening”. It may be that after more thought or another question, you will remember something important.

What is cross examination in court?

The questions asked are for the purpose of “direct examination”. When you are questioned by the opposing attorney, it is called “cross examination”. This process is sometimes repeated several times in order to clearly address all aspects of the questions and answers. The basic purpose of direct examination is for you to tell the judge and jury what you know about the case. The basic purpose of cross examination is to raise doubts about the accuracy of your testimony. Don’t get mad if you feel you are being doubted during the cross examination. The defense attorney is just doing their job.

What is the name of the person charged with an offence?

Until this happens, a person charged with an offence will be known as the alleged offender, defendant or accused.

What does it mean when someone is accused of breaking the law?

This rule means a person accused of breaking the law doesn’t have to say anything from the moment they are questioned by the police, to the end of the trial.

What is a CDPP brief?

A collection of material including statements from witnesses, experts and medical professionals, as well as photographs, which is used by the CDPP to decide whether there is enough evidence to start a prosecution. Briefs are prepared by police or investigators within the relevant agency.

What is beyond reasonable doubt?

Beyond reasonable doubt. The test used by a jury, judge or magistrate to decide if someone is guilty or not guilty of a criminal offence. It must be proved beyond reasonable doubt that someone committed a crime before they can be found guilty.

Why is the Crown called the Crown?

This is because prosecutors that work for the CDPP are representing the Queen in her role as the head of the Commonwealth.

What is the punishment for breaking the law?

A range of penalties can be given when someone is sentenced, including imprisonment, community service orders, good behaviour bonds and fines.

What is a bail agreement?

Bail is when a prisoner is released, but signs an agreement to abide by certain conditions, such as attending court hearings as directed. Other conditions may include not going near or contacting witnesses or others involved in the case. A bail agreement is also known as an ‘undertaking’, and if a defendant fails to abide by the specified conditions, they could be put back in jail.

Who is the defendant in a case?

Defendant: a person who has been formally charged with committing a crime; the person accused of a crime. Defense Attorney: the lawyer who represents the defendant in legal proceedings. Victims are usually not required to speak with defense attorneys except in court, but may do so if they choose.

What is the term for a court order that directs an officer to take a person to prison?

Commitment: the warrant or order by which a court or magistrate directs an officer to take a person to prison. Complaint: a term in civil cases that signifies a filing of a suit. In criminal court, the complaint is the reporting of a crime to authorities.

What is a felony report?

District Attorney’s Report: A report that is prepared by law enforcement in felony cases to inform the District Attorney what the facts are in a case. This is also known as a “felony report.”. District court: where misdemeanor cases are heard concerning the violation of state statutes.

How often do you see a probation officer?

Intensive Probation: Defendants are on supervised probation, have curfews, and see probation officer at least once a week. Investigation: the gathering of evidence by law-enforcement officials (and in some cases prosecutors) for presentation to a grand jury or in a court, to prove that the accused did commit the crime.

What is the purpose of bail?

The purpose of bail is to insure that the offender will return to court. Bailiff: a uniformed officer who keeps order in the courtroom.

What does "accused" mean in court?

A. Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the decision of either a jury or a judge, that a person accused is not guilty of the crime for which he has been tried. ADA: Assistant district attorney.

What is bond in court?

Bond: in criminal court, a term meaning the same thing as “bail;” generally a certificate or evidence of a debt. Bond Forfeiture: a hearing to determine if the bond on a defendant is to be forfeited after a defendant fails to show for court. Forfeited bond money goes to the public schools.

When a witness for one party is asked questions in court by the lawyer for the other party?

When a witness for one party (for example the prosecution) is asked questions in court by the lawyer for the other party (for example the defence ) to check the testimony the witness has already given. See also examination in chief.

What is an alleged offender?

Alleged offender. Until a person is proved to be guilty of a crime, the person is an “alleged offender”, an “accused” or a “defendant”.

What is the standard of proof used to determine if a person is guilty or not?

Beyond reasonable doubt. The test (or standard of proof) used by a jury, judge or magistrate to decide if the accused or defendant is guilty or not guilty of each criminal charge. It must be proved beyond reasonable doubt that a person has committed an offence before they can be found guilty.

What is the procedure where a person is taken into police custody to be charged with a criminal offence or to

The procedure where a person is taken into police custody to be charged with a criminal offence or to be brought before a court and must remain in police custody until granted bail or until a court deals with their charges..

What is a committal hearing?

Committal hearing. A hearing of all the evidence supporting the charge in the lower court by a magistrate who then decides if there is enough evidence for the case to go to trial. In some cases witnesses may be required to give evidence at a committal hearing.

How many people are in a jury trial?

A group of (usually) 12 people chosen at random from the general community who are tasked with the responsibility of determining whether the defendant is guilty on the evidence presented in a criminal trial. The jury determines the verdict (that is, whether the accused is Guilty or Not Guilty).

What is a brief of evidence?

Brief or Brief of Evidence. This is a collection of statements from witnesses (both police and ordinary witnesses), expert reports, medical reports, photographs, bail papers, charge sheets, etc. that is given to the CDPP by the police or investigating agency after they have finished their investigation.