This evidence would be admissible to show the death was not an accident rather

This evidence would be admissible to show the death

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to administer deadly strikes as well as the effect of such strikes. This evidence would be admissible to show the death was not an accident; rather, William was aware that the strike could cause death.
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31 11/19/14 3. WITNESS EXAMINATION a. Direct Examination (attorneys call and question witnesses) Rule 301: FORM OF QUESTION . Witnesses should be asked direct questions and may not be asked leading questions on direct examination. Direct questions are phrased to evoke a set of facts from the witnesses. A leading question is one that suggests to the witness the answer desired by the examiner and often suggests a “yes” or “no” answer. Example of a Direct Question: What is your current occupation ?” Example of a Leading Question: Isn’t it true that in your current position you are responsible for making important investment decisions ?” Narration: While the purpose of direct examination is to get the witness to tell a story, the questions must ask for specific information. The questions must not be so broad that the witness is allowed to wander or “narrate” a whole story. Narrative questions are objectionable. Example of a Narrative Question: Please describe how you were able to achieve your financial success.” Or “Tell me everything that was said in the board room on that day. Narrative Answers: At times, a direct question may be appropriate, but the witness’s answer may go beyond the facts for which the question was asked. Such answers are subject to objection on the grounds of narration. Objections: Objection. Counsel is leading the witness.” “Objection. Question asks for a narration.” “Objection. Witness is narrating.”
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32 11/19/14 Rule 302: SCOPE OF WITNESS EXAMINATION . Direct examination may cover all the facts relevant to the case of which the witness has first-hand knowledge. Any factual areas examined on direct examination may be subject to cross-examination. Objection: “Objection. The question requires information beyond the scope of the witness’s knowledge.” Rule 303: REFRESHING RECOLLECTION . If a witness is unable to recall a statement made in an affidavit, the attorney on direct may show that portion of the affidavit that will help the witness to remember. b. Cross-examination (questioning the other side’s witnesses) Rule 304: FORM OF QUESTION . An attorney may ask leading questions when cross-examining the opponent’s witnesses. Questions tending to evoke a narrative answer should be avoided. Rule 305: SCOPE OF WITNESS EXAMINATION . Attorneys may only ask questions that relate to matters brought out by the other side on direct examination, or to matters relating to the credibility of the witness. This includes facts and statements made by the witness for the opposing party. Note that many judges allow a broad interpretation of this rule. Objection: “Objection. Counsel is asking the witness about matters that did not come up in direct examination.”
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33 11/19/14 Rule 306: IMPEACHMENT . An attorney may impeach the credibility of a witness (show that a witness should not be believed) in the following ways: 1. A witness may testify as to another witness’s reputation for truthfulness, provided
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  • Spring '17
  • mrs callman
  • attorney, new york state

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