The purpose of the cross examination is to provide the lawyer with the ability to show the flaw in the witness’s testimony. It allows the lawyer to show the flaw so that the judge can dismiss the testimony as unreliable. This process also allows the lawyer to show the client’s innocence to the court.
There are many common types of cross examination. They all basically involve asking a witness to a series of questions to uncover details that will help the lawyer to prove their client’s innocence. This is often done during a deposition. A deposition is when the lawyer asks questions of the witness that relate directly to the testimony. In many cases, the depositions are held in private, with just the attorneys present. However, some depositions may be held in open court, with the attorneys and the witness as the entire group watching.
The typical method of performing a cross examination is to ask the witness a series of questions. They begin with direct questions, followed by indirect questions that refer to the previous answer of the witness gave to direct and indirect questions. Following are examples of typical questions asked during a cross examination.
Direct questioning starts with a question that is directed to the witness. For example, “Have you ever been offered food at a fast food restaurant?” Indirect questioning usually starts with, “You’ve told me you’ve eaten at this restaurant.” Both methods are used to give direct evidence that the witness is contradicting their previous answer.
It is important that the witness does not feel pressured at any time during the cross examination. The lawyer should make sure the witness does not feel intimidated or guilty. The witness should maintain their awareness of the fact that they are under examination. They should remain calm, relaxed and focused. If the witness loses focus during the cross examination it can affect their testimony.
The lawyer and the witness may decide to have another witness depose. However, having another person present can help the cross-examination focus on the relevant information. Also, another person can clarify things that the witness may have missed or overlooked. Another person may point out a flaw, the witness might have missed.
The most important thing for the cross examination to be successful is that both sides offer believable evidence to support their positions. If one side can’t provide credible evidence, the case will fail. However, if both sides do a good job, a successful cross examination law of evidence case can result. Both sides must treat the process seriously and offer solid proof. If the witness’s story doesn’t hold up, then the case may fail.
When a cross examination occurs, the lawyer asks questions about the witness’s knowledge of the problem. The witness is asked if he or she would have noticed the flaw. In some cases, a witness is asked whether or not he or she would have changed something if they knew it was wrong. Again, in some cases, the answers can be ambiguous. In this case, the lawyer will ask to find an expert to explain the meaning of the testimony.
In a cross examination, the lawyer asks follow-up questions to the witness. He wants to confirm what the witness said earlier. Sometimes, the witness will forget what he said earlier. Again, to confirm what the witness has said earlier, the lawyer will again ask the question.
Each side needs to present reliable evidence. If a cross examination law of evidence case fails to show the defendant guilty, then the plaintiff may choose not to present any evidence against the defendant. However, if the defendant fails to convince the judge and jury of his or her innocence, then the plaintiff wins the case by default.