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Criminal law. v. t. e. In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan) and may be followed by a redirect (known as re-examination in the aforementioned countries).
The Art of Cross-Examination. The Art of Cross-Examination is a classic text for trial attorneys and law students on how to cross-examine witnesses. Written by American attorney Francis L. Wellman, the book was first published in 1903 by The Macmillan Company, and was still in print more than 100 years later. [1][2]
It is used for alert (conscious) people, but often much of this information can also be obtained from the family or friend of an unresponsive person. In the case of severe trauma, this portion of the assessment is less important. A derivative of SAMPLE history is AMPLE history which places a greater emphasis on a person's medical history. [2]
Some tournaments also allow the use of flex prep, which melds the cross-examination time and prep time together to create a 6-8 minute block that can be used for questions and/or prep. Asking cross-examination questions during prep time is generally accepted on the national circuit.
This practice originated in part because cards are read at a rate faster than conversational speed. Taking the cards during the speech allows the opponent to question the author's qualifications, the original context of the evidence, etc. in cross-examination. It is generally accepted whichever team is using preparation time has priority to ...
Usually, the cross-examination is conducted by the opponent who will not speak next of the speaker who just spoke, but some cross-examinations are open, that is: either partner may ask or answer questions. However, it is often frowned upon when a partner who is not the previous speaker answers cross-examination questions.
Browne v. Dunn (1893) 6 R. 67, H.L. is a famous British House of Lords decision on the rules of cross examination. From this case came the common law rule known as the "Browne v Dunn rule" or "The rule in Browne v Dunn". The rule in Browne v Dunn basically entails that a cross examiner cannot rely on evidence that is contradictory to the ...
Beyond the scope: a question asked during cross-examination must be within the scope of direct, and so on. Calls for a conclusion: the question asks for an opinion rather than facts. Calls for speculation: the question asks the witness to guess the answer rather than to rely on known facts. Compound question: multiple questions asked together.
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