Question

In Old Criminal Law. A means sometimes employed in some countries, by torture, to compel supposed great criminals to disclose their accomplices or to acknowledge their crimes. This torture is called "question" because, as the unfortunate person accused is made to suffer pain, he is asked questions as to his supposed crime or accomplices. This is unknown in the United States.' See Poth. Proc. Crim. sec. 5, art. 2, § 3. —

Something in controversy or which may be the subject of controversy. Mc Farlane v. Clark, 39 Mich. 45, 33 Am. Rep. 346. A means sometimes employed, In some countries, by torture, to compel supposed great criminals to disclose their accomplice^ or to acknowledge their crimes. This torture is called question because, as the unfortunate person accused Is made to suffer pain, he is asked questions as to his supposed crime or accomplices. This is unknown in the United States. See Potliier, Procedure Criminelle, sect. 5, art. 2, § 3. See 4 Bla. Com. 325. In Evidence. 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 1 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 ? rogator 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 B1 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 decided by the court; when it arises as to the truth or falsehood of facts, this is a question of fact, and is to be decided by the jury. See Jury. Proof beyond reasonable question is held synonymous with proof beyond reasonable doubt; Ilarding v. Long, 103 N. C. 1, 9 S. E. 445, 14 Am. St. Rep. 775.

A method of criminal examination heretofore in use in some of the countries of continental Europe, consisting of the application of torture to the supposed criminal, by mcans of the rack or other engines, in order to extort from him, as the condition of his release from the torture, a confession of his own guilt or the names of his accomplices. In evidence. An interrogation put to a witness, for the purpose of having him declare the truth of certain facts as far as he anows them.

In practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.

— Categorical question. One inviting a distinct and positive statement of fact; one which can be answered by "yes" or "no." In the plural, a series of questions, covering a particular subject-matter, arranged in a systematic and consecutive order.

— Federal question. See Federal.

— Leading question. See that title.

— Hypothetical question. See that title.

— Political question. See Political.

Interrogation; inquiry; examination. Compare Qu^STio. 1. An interrogation addressed to a witness, requesting him to state his personal knowledge as to a fact. Categorical questions. A series of questions presented in a logical or systematized order; as, the questions propounded in an application for a contract of life insurance. General question. Requests witness to. state all he knows, without directing his attention to a particular matter, as is done in a leading question. Leading question. A suggestive interrogation. Puts into a witness's mouth words to be echoed back; plainly suggests the answer desired.^ Suggests to the witness the answer he is expected to make, and leads him to make such answer.'' A question is also objectionable as leading ■which embodies a material fact, and admits of answer by a simple affirmative or negative.* Leading questions are not allowed, except: on crossexamination; on a matter introductory to a material part of the inquiry; when the witness appears hostile to the party calling him, is unwilling to testify, or, from want of recollection which a suggestion may assist, makes an omission in his testimony; and in cases where the mind cannot be directed to the subject without particularization. Allowing leading questions is a matter wholly within the d Ucretion of the court.' 2. Subject of inquiry; a matter under examination or discussion. May be of pure fact, of pure law, or of both fact and law; m the last case constituting a mixed question. See Jury; Eeserve, 6. Federal question. See Courts, p. 277. > New Orleans v. United States, 10 Pet. *715 Mc Lean, J. ' [People V. Mather, 4 Wend. 347 (1830): 1 Stark. Ev. 124. s Harvey v. Osborn, 55 Ind. 544 (1877), Howk, J. « [1 Greenl. Et. § 434; 31 N. H. 488. s See 1 Greenl. Ev. §§ 434-85; 1 Whart. Ev. §§449-504, QUI; QUID; QUOD. L. Who, he who; which, that which; what; that. Other inflections: Cui, to whom; cuicunque, to whomsoever, euilibet, to any one; cujus, of what one, whose. Quern, which (objective); quicquid, whatever. Qua. On which side; as far as; in so far as; considered as; as. Freight gua freight; ' apartygim party; ^ a judgment qua a judgment; ' qiM a contract; qua a regulation,* Qui. He who; whoever. Qui approbat. See Approbai^E. Qui facit. See Facere. Qui hceret. See Litera. Qui non hdbet. See Dare. Qui non prohibere. See Prohibeee. Qui prior tempore. See Tempus. Q}ii sentit commodum. See Commodum. Qui tacet. See Consensus. Qui tarn. See Action, 3. Quid. What. Quid pro quo. What for what; one thing for another thing; also, an equivalent, a consideration— implied in every sale or exchange.5 See Consideration, 3. Quo. In what, with what, by what. See Quoad; Quousque. A quo. From which. Correlative, ad quern, to which. Designate, respectively, the court or judge from which, and to which, a cause has been removed; also, the day from which (dies a quo) and the day to which (dies ad quern) a period is to be computed: and also, the limit from which, the starting point (terminus a quo), and the limit to which, the end (terminus ad quern) — as, the beginning and ending of a way, of a risk in marine insurance, of the descent of a title. In quo. In which. See Locus; Status. Quo animo. With what motive. See Animus. Quo jure. By what right. See Jus. Quo warranto. By what authority. See at length Warrantum. Quod. (1) What; that which. Quod non apparet. See Appareee. Quod populus jussit. See Repeal. (3) That; to the end that. Quod computet. See Computaee. §Mod partitio fiat. See Paetitio. 1 2 Allen, 90. = 1 T. & H. (Pa.) § 577. ' 43 Pa. 469. Quod recuperet. See Recupebabe. Quorum. Of whom. As a substantive, the number of members of a body whose presence is necessary to the transaction of business. See Majority. The commission of oyer and terminer was originally directed to the judges of the courts of Westminster, and several others, but the judges or Serjeants at law only are of the quorum, so that the rest cannot act without the presence of one of them. The words of the commission ran " quorum aliquem vestrum unum esse volumus " — of whom we wish some one of you to be present. The justices referred to were eminent for their skill and discretion.'

punishment, crim. law, is a means sometimes employed, in some countries, by means of torture, to compel supposed great criminals to disclose their accomplices, or to acknowledge their crimes. This torture is called question, because as the unfortunate person accused is made to suffer pain, he is asked questions as to his supposed crime or accomplices. The same as torture. This is unknown in the United States.