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Isnin, 13 Mac 2017

THE ART OF CROSS EXAMINATION


1.            How to become a successful Cross-Examiner

a.    Must become a voracious reader;
b.    Master the general principle of every branch of law.
c.    Must grasp of the leading principles of the law on particular point.
d.    Must have deep knowledge of human nature and the acts of men.
e.    Common sense is another virtue which is a passport to success in every profession.
f.     Element of chance or what is commonly known as luck and opportunities.



2          Preparation
              a. Must know the answers to all the questions before he rises to his feet.         
              b   Examination in Chief is absorbing the evidence and gauging the witness.
              c. Mastered the frame work of the x-examination.
              d. Know the first question that he intends to put.



3,           How and where to begin X Examination.
a.    Actual x-examination-goes into all the facts with determination and energy, is persistent and minute;
b.    Apparent x-examination is one that avoids the material points of the testimony.
c.    Line of questioning- separate appearance from reality;
                                                     -reduce exaggerations to theirproper proportions.
                                                    -look for contradictions statements.


4.           The rule of X-examination


              a.   Never x-examination without the best preparation;

              b.   Always attack witness where he is least prepared.

              c.   Do not begin with your bad witness;

              d.   Never attack a man’s character unless you have a record of it;

              e.   Do not make too much of immaterial discrepancies.

f. Do not examine witness in a language which is much above the level of witness.

g.   When the offence is only technical do not x-examine much.

h.   Try to reduce the gravity of the offence,when it is proved to the hilt.

i.     Allow the witness to exaggerate the matter until the exaggeration becomes apparently absurd.

j.    Do not x-examine a moderate witness severely.

k.   Do not press an unwilling or reluctant witness too much.

l.   Do not fish out unnecessary information.

m   Never begin  x-examination without a purpose;

n    No question should be asked without an object.

o.   Stop x-examination when you have got your point.

p.   Never put unnecessarily various questions in order to please your client.

q.   Do not x-examination in such a manner as to give room to an effective and damaging re-examination.

r.    Do not expect too much from your adversary’s witness.

s.   Bring out past history in a pleasant manner.

t.    Do not rush through your x-examination.

w.  If you get a favourable answer, do not get the answer to be repeated over again.

y.   Never x-examine your own witness.

x.   Do not ask a question too broadly.

z.   When a witness has given some evidence in your favour you should not discredit him by showing him unworthy of belief.


Aa  Do not ask question in x-examination at random without an objective point. 

Bb  Do not press witness who refuse to answer material question.

Cc  Do not put material question straightway.

Dd  When you secure some points in x-examination, leave it and divert the mind of the witness by some other questions of no relevancy at all.

Ee   Do not argue with a witness.

FfDo not go over in x-examination the same ground as that covered in examination-in-chief.

Gg   Do not x-examine unnecessarily to obtain an explanation.

Hh   Do not tell a witness again that he is on oath.

Ii     Do not repeat questions in x-examine.

Jj    If you can safely admit a fact, do not put other party to proof which the other party can easily proof.

Kk  Do not lose your temper.

Mm  Never bluff the court.

Nn   Never abuse your privilege as a counsel.

Oo   Do not appeal to the sympathy of the judge.

Pp   Be always ready with law an evidence.

Qq   Never interfere with the judge if he begin to x-examine.

Rr   Do not attempt to effect the impossible in x-examination.

Ss   Lead the witness to absurd results


Tt    Do not make observations on the testimony while the witness is under examination.





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