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leading question :: legal definition


Leading question - n. a question asked of a witness by an attorney during a trial or a deposition (questioning under oath outside of court), suggesting an answer or putting words in the mouth of the witness. Such a question is often objected to, usually with the simple objection: "leading." A leading question is allowable only when directed to the opposing party to the lawsuit or to an "adverse witness" during cross-examination (the chance to question after direct testimony) on the basis that such a witness can readily deny the proposed wording. Typical improper leading question: "Didn't the defendant appear to you to be going too fast in the limited visibility?" The proper question would be: "How fast do you estimate the defendant was going?" followed by "What was the visibility?" and "How far could you see?"

See also: cross-examination objection and Related Law Terms ↓


Related Law Terms

adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
confrontation :: n. 1) fight or argument. 2) the right of a crimina ... s. See also: Bill of Rights witness
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge

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Other Law Terms - L

labor and materials :: (time and materials) n. what some builders or repa ... track of actual labor hours worked.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
landlady :: n. female of landlord or owner of real property fr ... rents or leases. See also: landlord
landlocked :: adj. referring to a parcel of real property which ... which it was created (carved out).
landlord :: n. a person who owns real property and rents or le ... so: lease lessee lessor rent tenant
landlord and tenant :: n. the name for the area of law concerning renting ... ord lease lessee lessor rent tenant
landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale.
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
larceny :: n. the crime of taking the goods of another person ... : grand larceny petty larceny theft
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last will and testament :: n. a fancy and redundant way of saying "will." Law ... writing another one. See also: will
latent defect :: n. a hidden flaw, weakness or imperfection in an a ... warranty product liability warranty
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law and motion calendar :: n. a court calendar in which only motions and spec ... special legal arguments are heard.
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
law of admiralty :: n. statutes, customs and treaties dealing with act ... w. See also: Jones Act maritime law
law of the case :: n. once a judge has decided a legal question durin ... he ruling is the "law of the case."