Direct Examination

Dr. Astin, a treating physician at the hospital where plaintiff was taken following the accident is advised by the attorney for the plaintiff to refer to his protocol whenever he wishes in giving his testimony. Is this proper?

yes

When Dr. Astin fails to recall the result of a test conducted by an independent laboratory, examining counsel asks him to read a document and put it down. Obviously, the document was not prepared by the witness. Can counsel now ask Dr. Astin once again to state the findings of the laboratory?

yes

The defendant’s attorney on cross examination wishes to introduce the laboratory report into evidence. Can she do so? For what purpose?

yes

Plaintiff brings a personal injury action against the driver of a truck and the company that employed the driver. Plaintiff’s counsel calls to the stand a fellow worker of the defendant driver who was also a passenger in the truck involved in the accident. Can plaintiff’s counsel employ leading questions as a matter of right?

Probably No

Plaintiff’s counsel calls an 8 year old boy who witnessed an accident. Is the question, “Do you live with your mother and father on Elm Street?” objectionable as leading

No

The mother of the plaintiff, who is 15, witnessed the accident from her home. Will she be excluded from the courtroom upon invocation of “The Rule”

Probably Yes

The defendant trucking company’s sole owner also happened to be a passenger in the truck when it had an accident. Will the owner of the trucking company be excluded form the courtroom upon invocation of “The Rule”?

No

Can a witness for the prosecution to a bar fight after sting that she can’t recall how the fight started be asked “Didn’t the defendant walk up to Mr. Battle and hit him with a beer bottle on the head for no reason?”

No

Is the question “Was the floor of the bank slippery or was it otherwise?” leading?

Yes

even party has the right to require a person testifying to the content of a conversation to include in that testimony at the time presented the entire substance of the conversation. Yes or No? Explain.

No

Leading questions are usually permitted on direct examination

false

If the prosecution calls the mother of the defendant to testify as an occurence witness, the prosecution will most likely be able to conduct the direct examination using leading questions

true

a question is not leading unless it calls for a yes or no answer

false

the use of leading questions will rarely result in reversible error

true

it is more likely that counsel will be permitted to lead a chold on direct than an adult witness

true

a witness who testifies to a fact may never have his recollection refreshed on this point

False

if counsel has in his possession a document that might refresh the witness’ recollection, a leading question to refresh recollection is never proper

false

A leading question employed to refresh recollection on a noncritical matter may be asked in open court before the jury

True

counsel may write out on a piece of paper “you idiot, I told you to say Harry said “******” and show it to a witness who claims he lacks recollection as to what Harry said.

True

Writings used to refresh recollection must be shown upon request to opposing counsel who may then introduce it for the purpose of the jury evaluating credibility

true

An adverse party may require a party to introduce along with a writing just introduced another writing which ought in fairness be considered contemporaneously

true

another portion of an oral conversation can be inquired of on cross examination but the party introducing a portion for the communication on direct cannot be required to introduce that other proportion on direct examination

true

the prosecution may have the lead law enforcement officer remain at counsel table in spite of the fact that this person will be a witness in the case and “The Rule” has been invoked

yes

the expert who will be a witness in the case may not remain in the courtroom to advise counsel when “The Rule” has been invoked

false

A witness who on his own violated “The Rule” is likely to be precluded from testifying

false