Examination, in legal contexts, refers to the process of questioning witnesses, parties, or other individuals involved in a legal proceeding to gather information, establish facts, or elicit testimony. It is a crucial part of the legal process and is typically conducted during trials, hearings, depositions, or other formal proceedings. The purpose of examination is to uncover evidence, clarify points of contention, challenge assertions, and ultimately assist in the determination of the truth or the resolution of disputes. Examination can take various forms, including direct examination, cross-examination, re-examination, and examination for discovery, each with its own specific rules and objectives.
- the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney. A principal difference is that an attorney putting questions to his own witness cannot ask "leading" questions, which put words in the mouth of the witness or suggest the answer, while on cross-examination he/she can pose a question that seems to contain an answer or suggest language for the witness to use or agree to.
- in bankruptcy, the questions asked of a debtor by the judge, trustee in bankruptcy, attorneys or even creditors, to determine the state of the debtor's affairs.
- in criminal law, a preliminary examination is a hearing before a judge or other magistrate to determine whether a defendant charged with a felony should be held for trial. Usually, this is held by a lower court and if there is any substantial evidence to show a felony has been committed by the defendant he/she is bound over to the appropriate court for trial, but otherwise, the charge will be dismissed by the judge.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/examination/
- Modern Language Association (MLA):Examination. dlssolicitors.com. DLS Solicitors. May 01 2024 https://dlssolicitors.com/define/examination/.
- Chicago Manual of Style (CMS):Examination. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/examination/ (accessed: May 01 2024).
- American Psychological Association (APA):Examination. dlssolicitors.com. Retrieved May 01 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/examination/