what's it called when a lawyer indirectly answers a question

by Mr. Cary Prosacco 10 min read

Evasion (ethics) - Wikipedia.

What is an indirect answer?

4. The Romans called a question by which the fact or supposed fact which the interrogator expected, or wished to find asserted, in and by the answer made to the proposed respondent, a suggestive interrogation, as, is not your name A B? Vide Leading Question. QUESTION, practice.

What is the word order in an indirect question?

Indirect questions are a more polite way to ask for information or make requests. We often use them when asking something of strangers or people we …

Do you put a question mark after an indirect question?

Dec 18, 2014 · In the legal world, such an answer would be called non-responsive and is a well-known type of objection that can be raised against a witness' testimony.

Which attorney does the initial questioning of the witness?

The meaning of INDIRECT is not direct. How to use indirect in a sentence.

How do you deal with evasive answers?

0:002:45Dealing with the Evasive Answer - YouTubeYouTubeStart of suggested clipEnd of suggested clipAnswer one option is to go to the judge. And ask the judge to direct the witness to answer theMoreAnswer one option is to go to the judge. And ask the judge to direct the witness to answer the question.

What is a non leading question?

Examples of non-leading and leading questions What time did you notice the phone was missing? Did you notice the phone was missing before you got home? OK, and how did he hit him? OK, did he hit him with a pint glass? What was the person wearing?Nov 24, 2020

How do you evade a question?

Try one of the following evasive maneuvers instead.Answer with another question. Pause and respond with a question of your own. ... Dodge the question. ... Shame the questioner. ... Start with “No.” ... Ignore the question. ... Put them on the defensive. ... Use a canned answer. ... Give a general answer to a specific question.More items...•Aug 28, 2020

What is a leading question law?

Created by FindLaw's team of legal writers and editors | Last updated January 28, 2019. 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.Jan 28, 2019

How do you avoid asking leading questions in law?

Avoid objections by asking non-leading questions that call for a narrative response from the witness. Make the witness the star and, as the lawyer, blend into the background. Stick with sentences beginning with who, what, where, when, how and why to ensure the non-leading nature of direct.

How do you ask a question without leading?

Keep questions clear and simple, don't lead the respondent to a specific answer, provide all options to a question or offer Other and make your survey easy to answer. To help remove biases from leading questions, you could ask someone who has more distance from the topic to review your survey.Jan 31, 2017

What is it called when someone doesn't answer your question?

The term for this is a non-answer. The practice of giving non-answers could be described as evasion, avoidance, dodging the question, etc.Dec 18, 2014

What do you call someone who avoids answering questions?

Question dodging is a rhetorical technique involving the intentional avoidance of answering a question.

How do you deal with intrusive questions?

10 assertive tips on dealing with nosy questionsGo with your gut. ... Don't be rude back. ... Use “I” statements. ... Find out more if appropriate. ... Say how you feel about being asked or about giving the information. ... Depersonalise your answer. ... Express your feelings if you want to. ... Move them on.More items...•Jan 9, 2013

Can a party to a case put leading question to his own witness?

The Court can allow a party examining his own witness to put leading questions by way of cross examination.

Is leading the witness illegal?

A type of questioning in that the form of the question suggests the answer. In general, leading questions are not allowed during the direct examination of a witness, however, they are allowed on the cross-examination of a witness.

How do you know that a question is misleading?

What is Misleading Question? Or argumentative question means that a question (a) uses logic in such a way that it deliberately causes someone to reach an incorrect conclusion, and (b) makes an argument rather than asks a question.

What happens after a plaintiff's attorney completes the direct examination?

After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination. The attorney may ask leading questions during cross-examination.

What can a lawyer ask a witness to testify about?

During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a bystander to testify as to what he or she saw just before, during, and/or after the accident, including what the weather was like, what happened during the accident, and any other details the witness remembers from the day.

What does cross examination mean in court?

During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examina tion. For example, if the witness said one thing in an accident report or during a deposition and then testified differently at trial, the defendant's attorney can refer to the previous statements and show inconsistencies in the story.

What is the purpose of a direct examination?

The purpose of a direct examination is to get the witness to testify about facts that support the plaintiff's case. Generally, a witness can't give an opinion or draw conclusions from the evidence unless that person has been qualified as an ...

What happens after a witness is cross-examined?

After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect.

What is cross examination?

Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination.

What happens when a defendant calls witnesses?

The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.

What is tangential speech?

Tangential speech is a medical condition, possibly related to dementia, in which the sufferer doesn't reply directly to questions. However I have heard the term used in everyday speech to mean a response not directly related to the question.

What does "dodging" mean?

an indirect answer; a prevaricating excuse; a trickery, cunning, or deception used to dodge a question, duty, etc; means of evading . To dodge a question is a useful expression: To evade (an obligation, for example) by cunning, trickery, or deceit: kept dodging the reporter's questions. The term for this is a non-answer.

Examples of indirect in a Sentence

We took an indirect route. These plants grow best in bright indirect light.

Medical Definition of indirect

What made you want to look up indirect? Please tell us where you read or heard it (including the quote, if possible).

What to do when you notice people fail to address critical pillars of the questions that you pose?

As you notice people conveniently fail to address certain critical pillars of the questions that you pose, you may decide to intervene and reiterate your questions. A thing to remember in your attempts of doing so, is to not exude an essence of catching them doing something sneaky. Don’t make it seem like you’ve, “figured them out,” or, “caught them red handed.” Doing so will decrease your chances of hearing an honest answer more than it would encourage it.

What are the pillars of a question?

The pillars of a question thereby, are defined by subject matter which a question depends on to elicit the type of answers that you seek. Their presence is a requirement to receive the information which you’re looking for.

What Is An Indirect Question?

  1. Do you like cheese?
  2. She asked whether I liked cheese.
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Easy Examples of Indirect Questions

  1. I wonder whether Anne is happy.
  2. Do you know if anyone was listening?
  3. Please find out what time the train is due.
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Real-Life Examples of Indirect Questions

  1. I wonder whether other dogs think poodles are members of a weird religious cult. (Comedian Rita Rudner)
  2. Does anyone know if Lamborghini makes wheelchair vehicles? (American footballer Steve Gleason, who is battling Lou Gehrig's disease)
  3. In order to know what he is, a man must first know what the sum of this mysterious humanit…
  1. I wonder whether other dogs think poodles are members of a weird religious cult. (Comedian Rita Rudner)
  2. Does anyone know if Lamborghini makes wheelchair vehicles? (American footballer Steve Gleason, who is battling Lou Gehrig's disease)
  3. In order to know what he is, a man must first know what the sum of this mysterious humanity is, a humanity made up of people who, like himself, do not understand what they are. (Russian author Leo...

More About Indirect Questions

  1. I'm asking if you are cold.
  2. I'm asking whether you are cold.
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Indirect Questions Are Worded Like Statements Not Questions.

  1. I'm asking what the time is.
  2. I'm asking where you are going.
  3. I don't know who my grandfather was; I am much more concerned to know what his grandson will be. (American president Abraham Lincoln)
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Don't Use A Question Mark with A Non-Question.

  1. She needs to know where you're going?
  2. Tell the staff if you feel cold?
  3. Mark is trying to determine whether he's allergic to cats?
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Use "Whether" Unless You're Presenting A Condition.

  1. Tell the staff if you need a seat.
  2. Tell the staff whether you need a seat.
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Get The Word Order Right.

  1. Where are you?
  2. You are there.
  3. I want to know where you are.
  4. I want to know where are you.
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Direct Examination

  • During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a bystander to testify as to what he or she saw just before, during, and/or after the accident, includ…
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Cross-Examination

  • After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination. The attorney may ask leading questions during cross-examina...
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Challenging Witness's Credibility on Cross-Examination

  • During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examination. For example, if the witness said one thing in an accident report or during a depositionand then testified differently at trial, the defendant's attorney can refer to t…
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Redirect and Recross Examination

  • Following cross-examination of the witness, the plaintiff's attorney has an opportunity to ask the witness follow-up questions regarding topics discussed during the cross. After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect.
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Defense's Case

  • Once the plaintiff's attorney has called all of the plaintiff's witnesses, the defendant's attorney begins calling witnesses. The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.
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