What is a leading question?

Prepare for the Nova Middle Bar Exam with quizzes including flashcards and multiple choice questions complete with explanations. Ace your test today!

Multiple Choice

What is a leading question?

Explanation:
A leading question is one that nudges the witness toward a particular answer by suggesting what that answer should be or by framing the question in a way that invites a yes or confirms a fact within the question itself. This tends to bias the testimony because it signals the desired conclusion rather than letting the witness recount events in their own words. For example, asking “You saw the defendant at the store that night, didn’t you?” pushes a specific answer and implies a fact, whereas asking “Where were you on the night of the incident?” invites the witness to provide their own account without being guided toward a particular conclusion. In many legal settings, leading questions are avoided during direct examination to let the witness tell their story freely, though they’re commonly used during cross-examination to test accuracy and memory. The other options describe different issues—repetition of a question, rambling testimony, or irrelevance—not the act of steering the answer.

A leading question is one that nudges the witness toward a particular answer by suggesting what that answer should be or by framing the question in a way that invites a yes or confirms a fact within the question itself. This tends to bias the testimony because it signals the desired conclusion rather than letting the witness recount events in their own words. For example, asking “You saw the defendant at the store that night, didn’t you?” pushes a specific answer and implies a fact, whereas asking “Where were you on the night of the incident?” invites the witness to provide their own account without being guided toward a particular conclusion. In many legal settings, leading questions are avoided during direct examination to let the witness tell their story freely, though they’re commonly used during cross-examination to test accuracy and memory. The other options describe different issues—repetition of a question, rambling testimony, or irrelevance—not the act of steering the answer.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy