Also known as: examines · examined · examining · examination · examinations · examiner · examiners · examen · cross-examination · direct examination
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
To question a witness under oath to elicit information or determine facts relevant to a legal proceeding. The act requires attention to the scope permitted by procedural rules and may affect the admissibility of resulting evidence.
To inspect records, goods, or other materials to elicit information or determine facts relevant to a legal proceeding or transaction.
Each sense below has its own examples, sources, and questions.
To question a witness under oath to elicit information or determine facts relevant to a legal proceeding. The act requires attention to the scope permitted by procedural rules and may affect the admissibility of resulting evidence.
Select any source to read its text and confirm it supports the definition.
To inspect records, goods, or other materials to elicit information or determine facts relevant to a legal proceeding or transaction.
Select any source to read its text and confirm it supports the definition.
In a contract suit exceeding twenty dollars, the jury found for Ella Emerson against Echo Systems. On appeal, the court examined the record but refused to reexamine the jury's factual findings except under common-law standards. The verdict stood unchanged.
Evelyn Ellison called a reputation witness to testify that Enzo Eastwood was peaceful. On cross-examination, the prosecutor examined the witness about specific instances of prior fights. The court permitted the inquiry because the instances were relevant to the character trait at issue.
A law firm made contributions to a judicial candidate shortly before seeking an appointment. The ethics board examined whether the contributions were made to obtain the engagement. Finding the purpose improper, the board sanctioned the firm under the applicable conduct rule.
The prosecution offered a testimonial statement from an unavailable declarant against Esther Eisenberg. The court examined whether the defendant had a prior opportunity to cross-examine the declarant. Finding none, it excluded the statement.
Cross-examination is generally limited to matters raised on direct examination, though the court has discretion to allow inquiry into additional relevant areas. The examiner may also test the witness's credibility through specific instances when character evidence is involved.
Supporting sources
Under the Seventh Amendment, facts tried by a jury may be reexamined only according to the rules of the common law.
Supporting sources
After closing, Evergreen Bank accepted the deed from Emerald Enterprises for the downtown parcel. When a dispute arose over an unrecorded promise to maintain a shared driveway, the court examined the parties' intent and the independent nature of the promise. Because the promise was collateral and not intended to merge, the bank could enforce it despite the deed.
On appeal from a judgment against Ewan Eckhart, the court examined the entire record for errors. It found a procedural defect but concluded the error did not affect substantial rights. The judgment was affirmed.
No. Courts may examine the parties' intent and the nature of the promise to decide whether an independent collateral agreement survives merger into the deed.
Supporting sources
…that power the Constitution should not be looked into? That a case arising under the Constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained. The Constitution contains many provisions that are rules for the government of courts as well as for the…