Practice Quiz

Paralegal

Category - Judgement

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During a trial, the examination of witness proceeds by direct examination, which is then followed by cross-examination. Generally, leading questions are not permitted during direct examination. However, an exception exists if one party calls the other party as a witness or calls a hostile witness. Which of the following scenarios fits the exception?
  1. A plaintiff calls the defendant and asks: “Where were you on Monday, June 1, at 2:00 p.m.?”
  2. A defendant calls the plaintiff’s wife and asks: “Where were you on Monday, June 1, at 2:00 p.m.?”
  3. A plaintiff calls the defendant’s wife and asks: “Isn’t it true that your husband was driving the blue Ford?”
  4. Plaintiff’s counsel calls the plaintiff and asks: “Isn’t it true that your husband was driving the blue Ford?”
Explanation
Answer: C - A plaintiff calls the defendant’s wife and asks: “Isn’t it true that your husband was driving the blue Ford?” Answer C is the best choice because the plaintiff has called the defendant’s wife (most likely a hostile witness) on direct examination and has asked a leading question. Answer A is not correct because the question is not leading. Answer B is not correct, again, because the question is not leading. Answer D is not correct because plaintiff’s counsel is examining the plaintiff on direct, not examining the defendant or a hostile witness.
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