Leading Question

Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Black's (1891)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In practice. A question which puts into the witness' mouth the words to be echoed back, or plainly suggests the answer which the interrogating party desires or expects. 164 111. App. 612; 7 Serg. & B. (Pa.) 171; 4 Wend. (N. Y.) 247. In that case the examiner is said to lead him to the answer. It la not always easy to determine what is or is not a leading question. These questions cannot, in general, be put to a witness in his examination in chief. 3 Bin. (Pa.) 130; 6 Bin. (Pa ) 483; 1 Phil. Ev. 221; 1 Starkie, Ev. 123. But, in an examination in chief, questions may be put to lead the mind of the witness to the subject of inquiry; and they are allowed when it appears the witness wishes to conceal the truth, or to favor the opposite party, or where, from the nature of the case, the mind of the witness cannot be directed to the subject of inquiry without a particular specification of such subject. 1 Campb. 43; 1 Starkie, 100. In cross-examinations, the examiner has generally the right to put leading questions. 1 Starkie, Ev. 132; 3 Chit. Prac. 892; Rose. Civ. Ev. 94; 3 Bouv. Inst, notes 3203, 3204.

Ballentine's Law Dictionary

James A. Ballentine · 1916

One which suggests to the witness the answer desired, or which assumes a fact to be proved which is not, or which, embodying a material fact, admits of an answer by “yes” or “no.” See 8 S. & M. (Miss.) 104, 47 Am. Dec. 74.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A question put or framed in such a form as to suggest the answer sought to be obtained by the person interrogating. Coogler v. Rhodes, 38 Fla. 240, 21 South. Ill, 56 Am. St. Rep. 170; Gunter v. Watson, 49 N. C. 456; Railway Co. v. Hammon; 92 Tex. 509, 50 S. W. 123; Franks v. Gress Lumber Co., Ill Ga. 87, 36 S. E. 314. Questions are leading which suggest to the witness the answer desired or which embody a material fact, and may be answered by a mere negative or affirmative or which involve an answer bearing immediately upon the merits of the cause, and indicating to the witness a representation which will best accord with the interests of the party propounding them. Turney v. State, 8 Smedes & M. (Miss.) 104, 47 Am. Dec. 74. A question is leading which puts into a wit-aess' mouth the words that are to be echoed back or plainly suggests the answer which the party wishes to get from him. People v. Mather, 4 Wend. (N. Y.) 229, 247, 21 Am. Dec. 122.

A Dictionary of Law

Henry Campbell Black · 1891

A question put or framed in such a form as to suggest the answer sought to be obtained by the person interrogating. Questions are leading which suggest to the witness the answer desired, or which embody a material fact, and may be answered by a mere negative or affirmative, or which involve an answer bearing immediately upon the merits of the cause, and indicating to the witness a representation which will best accord with the interests of the party propounding them. 8 Smedes & M. 104. A question is leading which puts into a witness' mouth the words that are to be echoed back, or plainly suggests the answer which the party wishes to get from him. 4 Wend. 229, 247.