Which statement best describes direct examination?

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

Multiple Choice

Which statement best describes direct examination?

Explanation:
Direct examination is the attorney’s first opportunity to elicit a witness’s account by asking questions that invite detailed, narrative responses rather than testing memory or guiding the witness to a particular answer. The aim is for the witness to describe what they saw or know in their own words, so the story unfolds naturally and the jury can understand the sequence of events. Open-ended questions like “What did you see?” or “Can you describe what happened next?” encourage a full explanation and help establish facts from the witness’s perspective. Leading questions are generally avoided on direct because they suggest specific answers, which can influence testimony. That’s why describing direct examination as using open-ended questions to elicit the witness’s narrative is the best fit. The other options don’t describe this phase of testimony: asking leading questions to test memory belongs more to cross-examination; the jury deciding admissibility is a courtroom ruling on evidence, not a direct examination activity; and a deposition reading by a judge concerns pretrial discovery, not the live direct examination in court.

Direct examination is the attorney’s first opportunity to elicit a witness’s account by asking questions that invite detailed, narrative responses rather than testing memory or guiding the witness to a particular answer. The aim is for the witness to describe what they saw or know in their own words, so the story unfolds naturally and the jury can understand the sequence of events. Open-ended questions like “What did you see?” or “Can you describe what happened next?” encourage a full explanation and help establish facts from the witness’s perspective.

Leading questions are generally avoided on direct because they suggest specific answers, which can influence testimony. That’s why describing direct examination as using open-ended questions to elicit the witness’s narrative is the best fit.

The other options don’t describe this phase of testimony: asking leading questions to test memory belongs more to cross-examination; the jury deciding admissibility is a courtroom ruling on evidence, not a direct examination activity; and a deposition reading by a judge concerns pretrial discovery, not the live direct examination in court.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy