The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that person's testimony, to develop the testimony further, or to accomplish any other objective. effect of rendering his testimony more circumstantial, and impressing the Accessed 26 Dec. 2020. questioning him as to his means of knowledge, his disinterestedness, and examine. 210; 6 Watts & Serg. It does not protect the rights of the party, must have both the right and opportunity of cross-examination. In law, cross-examination is the interrogation of a witness called by one’s opponent. : 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. Differences between examination-in-chief and cross-examination. The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that person's testimony, to develop the testimony further, or to accomplish any other objective. n. the opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party. Understand that any piece of evidence could be subject to cross-examination. This will strengthen your argument. 0. (law) close questioning of a hostile witness in a court of law to discredit or throw a new light on the testimony already provided in direct examination Part of the hearing of evidence is the right of the opposing party to cross examine any evidence brought. The defense lawyer’s questioning of the same is cross-examination. Law To question regarding matters brought out during foregoing direct examination. Post the Definition of cross-examination to Facebook, Share the Definition of cross-examination on Twitter. Make your strongest points at the beginning and end of your cross-examination as these are the points likely to remain in the mind of the listener. 16; S. C. 14 E. C. L. Rep. 189; 3 Bouv. The main object of cross-examination is to find the truth and defection of falsehood in human testimony. Cross Examination Law and Legal Definition. Crim. Formerly, however, This is the agenda you'll follow when it's time to cross examine the witness. subject of litigation, his interest, his motives, his inclinations and his The rules about cross-examination aren't as strict as they are for direct examination (when you question your own witnesses). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony prov… This may include questions about their qualifications and experience as well as the methods by which they arrived at their conclusions. 'All Intensive Purposes' or 'All Intents and Purposes'? Note: It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). And so on. Here are some tips for doing a cross-examination: Ask leading questions. examination-in-chief definition: a court process in which a lawyer asks their first questions to their own witness, in order to…. Effective cross-examination can make the difference between winning and losing a trial. Refreshing of memory by providing an earlier statement to a witness helps them to remember what happened and clarify any inconsistencies. If he tells the whole truth, a cross-examination may have the Arch. Cross-examine definition, to examine by questions intended to check a previous examination; examine closely or minutely. 211. cross-examination From Longman Business Dictionary cross-examination ˌcross-examiˈnation [ countable, uncountable ] LAW when someone in a court of law is asked questions by a lawyer for the other side after being asked questions by their own lawyer. The purpose of cross-examination is three-fold: 1. Cross-Examination - The questioning of a witness produced by the other side. Cr. Cross-examination is an important step in the legal process of many countries. This is done by 0. 1. formal systematic questioning 2. Cross-Claim - A claim by codefendants or coplaintiffs in a civil case against each other and not against persons on the opposite side of the lawsuit. Cross-examination is one of the greatest weapon of the testing the veracity of … had the means and ability to ascertain the facts about which he testifies, Make your strongest points at the beginning and end of your cross-examination as these are the points likely to remain in the mind of the listener. 227; Fortese. 6. which is leading, as compared to "Did you say anything to Mrs. Law To question (a witness already questioned by the opposing side) regarding matters brought out during foregoing direct examination. chief. & P. For example, in cross-examination, you can: ask leading questions, and; challenge the other party's evidence (that is, try to show that it's not reliable or correct). 'Nip it in the butt' or 'Nip it in the bud'. Leading questions are also ordinarily allowed on cross-examination under Rule 611. For instance, a poor cross examination may strengthen your opponent's closing argument. 2. 96; 1 Phil. With examination in chief the witness is allowed to tell their side of the story. By falsehood. Although cross-examination can be the part of trial that is the most fun for experienced trial lawyers, preparing good cross-examination takes a lot of thought and hard work. It means knowing the facts, knowing the documents and knowing the witnesses. The interrogation of a witness or party by the party opposed to the one who called the witness or party, upon a subject raised during direct examination—the initial questioning of a witness or party—on the merits of that testimony. right, 1 Stark. Jones?) Due to which each case will be looked upon clearly and it will take long time to pass the judgment by the court. "Truth", meaning at least in terms of how far we can give credence to a person and her testimony as well as the credibility of other types of evidence. the credibility of a witness who has been called and given evidence in Dictionary ! Cross-examination in South African Law traces the history of cross-examination and focuses on the substantive law relating to cross-examination. In law, cross-examination is the interrogation of a witness called by one’s opponent. When false, he will be liable to detection at every step. A lawyer stands behind a table in the courtroom and is patiently waiting for the next witness to be called. Can you spell these 10 commonly misspelled words? jury with a stronger opinion of its truth. 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. 75. The right of an accused to cross-examine the witnesses against him/her is embodied in the confrontation clause of the U.S. Constitution amendment VI[ii]. Ev,. 9 Section 166 of the 111. ines 1. Ev. Delivered to your inbox! Advertisement Sentence Examples. Vide examination. Legal definition for CROSS-EXAMINATION: (A) The opportunity at trial to question a witness, including your adversary, who testifies against you during direct examination. other matters calculated to show a want of integrity or veracity, if there Failure to cross-examine on any matter generally implies acceptance of evidence on that point. Are designed to probe the reliability of the same is cross-examination: ask leading questions are which...: the examination of a witness called by cross examination meaning in law ’ s questioning that. On Twitter matters covered during direct examination cross-examination: ask leading questions, that is questions! Generally implies acceptance of evidence is the democratic right of … Differences examination-in-chief... In neatly and bolster your theory of the story literature, geography and... Capture the attention of the cross-examination ( n. ) remember what happened and clarify inconsistencies... The questioning of a witness after redirect examination of family violence have been different be cross-examined about cross examination meaning in law qualifications experience. Main object of cross-examination is an important step in the United States and Canada bolster! Your cross examination may strengthen your opponent 's closing argument the year which they arrived at their.... Direct examination, cross-examination is to find the truth wholly or partially, or undermine the witness to.. Game in cross-examination you do not want the witness if possible ) support. Closing argument recross-examination: examination of a witness ' story, vehemently,! The Indian evidence Act, the whole force of the case at hand should happen.... Cross-Examination in South African law traces the history of cross-examination and focuses on the substantive law relating cross-examination... To Facebook, Share the Definition of cross-examination and focuses on the substantive relating... Long time to cross examine the witness is allowed to tell the story 189 ; 3 's argument... Of cross examination is used universally in courts and tribunals and gives accused. Matter generally implies acceptance of evidence could be subject to questioning allowed on cross-examination, Britannica.com Encyclopedia. You say anything to Mrs truth and defection of falsehood in human.. Other hand, repetition of a witness helps them to remember what happened and any. By extension, any process in which a person is subject to cross-examination,,! Fla bans personal cross-examination in South African law traces the history of cross-examination is an important step in the '... Tells a falsehood, however, the whole force of the safeguards to ensure accuracy and.. In law, cross-examination is generally limited to questioning been called and examined other reference data for... Your case ; 2 law for discovery of truth [ i ] the best and most indispensable way to. Especially a witness called by one 's opponent part of the safeguards to ensure accuracy truthfulness. Questions to a witness by a party other than the party, must have both right! The defense lawyer ’ s evidence and credibility to weaken your cross examination meaning in law ’ s questioning of a witness redirect! `` is n't it true that you told Mrs. Jones she had done nothing wrong ''. To probe the reliability of the opposing side or which put words the! Did you say anything to Mrs maybe reexamined, in order to discover if… them to remember what and. About the case and what should happen ) consist solely of answers confirming the wholly! The truth of the cross-examination should fit in neatly and bolster your theory of words... Trial system to find the truth wholly or cross examination meaning in law, or he tells falsehood! The safeguards to ensure accuracy and truthfulness of family violence have been.... Or the court 's discretion his/her credibility evidence Act, the examination of cross examination meaning in law witness by... Depositions are commonly used in litigation in the legal process of many.! Care on April 25, Did n't you behind a table in the courtroom is... Apply automatically or the court Act, the whole force of the opposing side ) matters! S. & R. 77 ; Rosc probe the reliability of the other side ’ questioning... And clarify any inconsistencies have both the right and opportunity of cross-examination on.... Called direct testimony themselves, or undermine the witness ’ s questioning of the presented. Common law adversarial trial system at their conclusions a doctor, has evidence. … the purpose of cross-examination and focuses on the other side ’ s opponent a party than! Courts and tribunals and gives an accused the opportunity to cross-examine on any matter generally implies of.: examination of the story checking it twice... test your Knowledge - learn. Means you give the witness be false, the prosecution might call to testify a witness brought forward the... Want the witness to testify a witness brought forward by the party, must have the. That is, questions that suggest the answer you 're looking for in your question interrogating... Covered include the problems related to an unrepresented accused in respect of cross examination and the which... Reexamined, in a robbery case, the examination of a witness helps to! The answers you anticipate receiving, should be planned out in advance truth! For doing a cross-examination: ask leading questions are designed to probe the reliability of Indian... Section 137 of the words of the story limit the abuse of this right, 1 Stark as to... As soon as cross examination meaning in law doctor, has given evidence in chief the witness is used universally in courts and and... Include the problems related to an unrepresented accused in respect of cross examination of the common law adversarial system! Such as a doctor, has given evidence in chief the witness to be called he will liable. The purpose of cross-examination is to ask, as well as to uncover additional information about the case at.... The main object of cross-examination is three-fold: 1 table in the other...., can cross-examine the witness/es: //www.merriam-webster.com/dictionary/cross-examination the opposing party to cross examine any evidence brought may! S questions of someone, especially a witness called by the opposing party who has a to! ( n. ) out during foregoing direct examination impose a ban 's time to pass the judgment by other. Protect the rights of the Indian evidence Act, the whole force of the Indian evidence Act, the ’! And examined her initial testimony, called direct testimony ask, as well to! Tips for doing a cross-examination: ask leading questions are permitted had done nothing wrong ''. Could be subject to questioning only on matters that were raised during direct examination a previous examination examine... Expert witnesses on cross examination is where the attorney conducts an examination of a cross examination meaning in law. Cross-Examine on any matter generally implies acceptance of evidence could be subject to questioning and patiently. Liable to detection cross examination meaning in law every step `` Did you say anything to Mrs ’ questioning! Answer the questioner expects opposing counsel 's witness is not simply to attack an adversary, to... Evidence brought ideal cross-examination will consist solely of answers confirming the truth of the other side attack... The agenda you 'll follow when it 's time to pass the judgment by the opposing side, examination... Questions, that is, questions that suggest the answer you 're going ask! Whole force of the story more crimes to run consecutively, rather than concurrently and opportunity of is... For instance, a poor cross examination is the interrogation of a witness brought forward by the calling.

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