Public-domain · open source
OpenJurist

In Evidence

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

An Interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. Questions are either general or leading. By a general question is meant such a one as requires the witness to state all he knows, without any suggestion being made to him; as, "Who gave the blow?" A leading question is one which leads the mind of the witness to the answer, or suggests it to him; as, "Did A. B. give the blow?" The Romans called -a question by which the fact or supposed fact which the interrogator expected or wished to find asserted in and by the answer was made known to the proposed respondent a "suggestive" interrogation; as, "Is not your name A. B.? ' See "Leading Question." In Practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury. When the doubt or difference arises as to what the law is on a certain state of facts, this is said to be a "legal question;" and when the party demurs, this is to be detion of fact," and is to be decided by the jury.