DIRECT EXAMINATION Meaning and
Definition
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Direct examination is a legal term used to describe the questioning of a witness by the party who called them to the stand in a trial or hearing. It is a crucial phase of a trial where the attorney seeks to elicit testimony that supports their case or proves the facts they are trying to establish. The goal of direct examination is to present the evidence in a concise, clear, and organized manner to persuade the judge or jury of the truthfulness and credibility of the witness and the factual assertions being made.
During direct examination, the attorney typically asks open-ended questions to allow the witness to provide a narrative account of the relevant events, relying on their recollections and personal knowledge. The questioning may cover areas such as the witness's background, qualifications, and their observations or experiences related to the case. The witness should be guided through their testimony to provide necessary details and address specific elements of the case.
The purpose of direct examination is not only to introduce specific evidence but also to shape the narrative of the case. The attorney must strategically select which facts and testimony to emphasize to strengthen their argument and further their case theory. However, direct examination is subject to objections and the opposing party has the right to cross-examine the witness, challenging their credibility, offering alternative explanations, or attempting to cast doubt on the veracity of the facts presented during direct examination.
Common Misspellings for DIRECT EXAMINATION
- sirect examination
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Etymology of DIRECT EXAMINATION
The word "direct examination" is derived from Middle English "directen" and Latin "examinare".
The term "direct" originated from Middle English "directen" which came from the Latin word "directus" meaning "straight" or "to set straight". This sense of "direct" refers to the straightforward nature of the questioning during a direct examination.
The word "examination" derives from the Latin word "examinare" which means "to weigh" or "to consider", with "ex-" indicating "out" or "thoroughly", and "-aminare" meaning "to drive stakes". This suggests the idea of scrutinizing or testing the evidence or testimony provided during the examination process.
Therefore, "direct examination" combines the idea of asking straightforward questions with the goal of weighing or considering the evidence or testimony.
Similar spelling words for DIRECT EXAMINATION
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