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Types of Question in Cross Examination

This document discusses different types of questions including: 1. Open-ended and closed-ended questions. 2. Funnel, leading, and rhetorical questions. 3. Questions used in examination of witnesses like recall, probing, and comparison questions. 3. Differences between burden of proof and onus of proof.

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0% found this document useful (0 votes)
353 views5 pages

Types of Question in Cross Examination

This document discusses different types of questions including: 1. Open-ended and closed-ended questions. 2. Funnel, leading, and rhetorical questions. 3. Questions used in examination of witnesses like recall, probing, and comparison questions. 3. Differences between burden of proof and onus of proof.

Uploaded by

hunaiza khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Types of Questions

Open Something your opponent can answer in almost


Ended any fashion he or she wishes to do so in.

Closed A closed-ended question is one that has a limited


Questions number of possible responses.

Funnel  It increase or decrease in the amount of detail


Questions they're seeking as they progress.

Leading A type of questioning in that the form of the


Question question suggests the answer.
s e.g.
Recall and Recalling a Refreshing a Evidence
Process specific fact Memory of
Questions Women
Memory
Rhetorical e.g. Who will maintain the city’s infrastructure
To Persuade
Questions if the council cuts the budget?
Others

Divergent No Right/Wrong e.g. How might you improve your current on


Questions answers boarding process?

Probing Response to a listener’s


Seriousness of
Questions answer to a previous
the prober
question

Prompting Critical
Clarifying Redirection Reforcing
Awareness

Evaluation Helps the listener to make value


Questions judgment
Inference Require learner to determine
Questions deductive and inductive reasoning

Deductive Inductive
Reasoning Reasoning

You frame a
That how
theory or
idea came in
verify a
to your mind
hypothesis

Comparison Compare
Questions things, e.g. Difference between owning a franchise
stories and or an independent business
theories

Application Applying ideas and principles


Questions in a new context

Problem Solving Present a listener a problem or scenario and require them


Questions to develop a solution

Affective
How others feel about information they are
Questions
learning

Structuring Ensure the learner to understand the information and


Questions provides an opportunity to clarify or ask follow up
questions
Examination of Witnesses

Examination in Cross Examination


Cross Examination Re-Examination
Chief u/a 132
A witness is declared hostile by the court upon the
request of the party who called him as his witness to
prove his case but the witness starts giving evidence
against his own party

Statement
given by a Leading Question
Narra Hostile Witness u/a 150
witness of Q/A
the party tive
who calls
him
When
Except Leading
Indecent declared
Questions
and hostile
Except only on scandalo Defamati Impeaching leading
Lawful the credit of question
settled matters -us -on, Libel
Questions Witness can be
Question and
To test his veracity s Slander asked

Previous
Insulting and Statements in
1. Who is he?
Generally not allowed unless annoying writing
2. What is his position in life?
not relate to fact in issue or Questions
matters necessary to be 1. Used in
known Contradictions
To shake his credit
by injuring his 2. Oral
By the Evidence of Generally not
character Statement u/s
other Witnesses Allowed
161 CrPC
Proof of Bribery and other corrupt Practices

Inconsistent Statements
Difference b/w Burden of Proof and Onus of Proof
Burden of Proof Onus of Proof
1. The burden to prove the main contention The burden to prove the actual evidence.
of the party requesting the action of the
court.
2. It relates to the entire case. It relates to the specific fact that the party
alleges.
3. It remains constant it never shifts. It shifts from one to another.
4. It lies on person who has to prove the Lies at first on the party who would be
fact. unsuccessful if no evidence at all was given on
the other side.
5. It is the burden of the party to prove the It is the burden of proof as matter of adducing
case completely to the satisfaction of the evidence.
court.
6. u/a 117 QSO u/a 118 QSO

Presumption as to Burden of proof Proof of good faith


existence of certain as to legitimacy Burden of Proof in transactions u/a
facts u/a 129 of child u/a 128 127

Burden to prove
necessary fact Burden to prove Burden of
Assertion of lies upon the the fact within proving that the
facts regarding person who the knowledge is person have not
rights and wishes to give upon the person been heard for
liabilities u/a such evidence who alleges it u/a last 7 years u/a
117 u/a 120 122 124 Burden of proof
as to ownership
Proof of particular Burden of u/a 126
fact upon the proving death
person who alleges Burden of proof
of the person Burden of proof
Burden of proof lies it u/a 119 of all general
known to have as to
on a person who exception under
been alive relationship u/a
would fail if no PPC is upon the
within 30 years 125
evidence at all will be Accused u/a 121
u/a 123
given u/a 118
Estoppel

Exp. Railway Section 41 TPA (Ostensible Owner)


By Record
Section 43 TPA (Doctrine of Feeding)

To stop By Deed Estoppel and Res-judicata


someone Declaration
On the point
from Estoppel and Waiver
of Law
speaking
the truth Estoppel and Admission
Act By Conduct
When the Estoppel and Acquiescence
person by Kinds By
his representation
Estoppel and Abandonment
Omission By Negligence
Estoppel and Paternity
1. To Intentionally On Benami
causes/permitted Transaction
Estoppel and Doctrine of Election
2. To believe a thing to Equitable
be true Estoppel Estoppel and Approbation &
3. To act upon such
Reprobation
belief
4. Neither he nor his Promissory
representative be Estoppel
allowed
5. In any suit or Instances of
proceedings Estoppel
Cases:
between himself and
such person or his Hughes v Metropolitan railway co. 1877 (2) AC 439
representative Central London Property Trust v High Trees House
6. To deny the truth of Limited 1947 King Bench 130
that thing
Pakistan v Salahudin PLD 1991 SC 546

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