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Addressed to an adverse witness, a question is argumentative if it does not call for new facts, and merely asks the witness to agree or disagree with a conclusion drawn by the examiner from proved or assumed facts.
You can start questioning your witnesses, one at a time, by asking them their name and asking them some background information, like how they know the parties in the case. You will then have to get into asking questions about the event they witnessed or any other issue they are there to testify about.
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.
Hi - a misleading question is often called out in court because it's phrased in such a way as to lead a witness to an answer. It's usually subtle. An example would be: how fast was the first car going when it smashed into the second car This question implies that the first car is at fault.
If a question contains misleading information, it can distort the memory of the event, a phenomenon that psychologists have dubbed "the misinformation effect."
You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, Witness, what did you see at the intersection of A and B streets?
When I testify, who will question me?...At the HearingWhat is the order of events in the courtroom?What do I keep in mind when going to court?Why would I enter evidence in court?What evidence can I show the judge?Does testimony count as evidence?
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.
You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer. For example, Witness, what did you see at the intersection of A and B streets?