Examination in United Kingdom

Definition of Examination

In accordance with the work A Dictionary of Law, this is a description of Examination :

The questioning of a witness on oath or affirmatio In court, a witness is subject to *examination-in-chief, *cross-examination, and *re-examinatio In some circumstances a witness may be examined prior to the court hearing (See commission).

Meaning of Examination

The following is an old definition of Examination [1]: A weighing, balancing: search, investigation; hearing, inquiry. Compare Inspection; View. Examined. Compared with the original: as, an examined copy, see, in this resource, the termExamining. Conducting an examination: as, the examining counsel. Examiner. A person charged with the duty of making or conducting an examination: as, an examiner – in chancery or equity, of customs, of national banks, of patents, of titles, in divorce, lunacy, partition, qsee, in this resource, the term 1. Examination of a bankrupt or of a debtor. Interrogation as to the state of his property. 2. Examination of an accused person. Investigation, by an authorized magistrate, of the grounds of an accusation of crime against a person, with a view to discharge him or to secure his appearance at trial, and to preserve the evidence. Had before a justice of the peace, an alderman, or other magistrate, a United States commissioner, and, possibly, before a judge. On a,prima facie case bail will be required, or a commitment made; otherwise, the accused is discharged. The examination may be waived. The accused has no right to the assistance of counsel; and, in many cases, he himself is not examined. 3. Examination of an invention. Of an alleged new invention, for which application for a patent has been made, to ascertain whether it is sufBciently new and useful, or whether it interferes with any other invention. See Patent. 4. Examination of a long account. By a referee, of the proofs of the correctness of the items composing a long account. See Account, 1. 5. Examination of a married woman. Of a wife, separate and apart from her husband, to learn whether her acknowledgment of a mortgage, conveyance, or other deed is voluntary, without coercion of her husband. Also called her private or separate examination. Where a statute requires a “private ” examination of the wife, to ascertain that she acts freely aijd not by compulsion of her husband, but prescribes no precise form of words to be used in the certificate of acknowledgment, it is sufficient if the words of the acknowledgment have the same meaning, and are in substance the same with those in the statute. Such statutes provide for privacy from the husband only. A certificate “privately c amined apart from and out of the hearing ” of the husband, can mean nothing less than that he was not present when she was examined, and satisfies a statute (of Maryland) requiring an examination ” out of the presence.” i See further Acknowledgment. 6. Examination of a national bank. By an officer of the United States treasury, to discover whether the bank is complying with the law as to issues, reserve, etc. 7. Examination of a student-at-law. This is preliminary to his admission to practice, as a test of qualification. 8. Examination of a title. A search to determine whether the title to land, proposed for conveyance or mortgage, is free from de- fects, and marketable, see, in this resource, the term whence (the word(s) which follow it are derivatives from the same root word) examiners of titles, and abstract or brief of title. See Abstract; Conveyancer; Title, 1. 9. Examination of a witness. The interrogation or questioning of a witness, to elicit his personal knowledge as to one or more facts. Direct examination, or examination in chief. The first examination, on behalf of the party who calls the witness. Opposed, 1, to examination in pais, or on the voir dire: a, preliminary questioning intended to test competency; 2, to cross-examination: by the adverse party, confined to the subject-matter elicited upon the direct examination. Redirect examination. Follows the cross- examination, and is confined to matters brought out under it. Re-cross examination. Follows the redirect examination, and is restricted to the new or additional information or answers given thereunder. Re-examination. The re-direct or the recross examination in the same hearing; also, another and distinct examination in a subsequent trial. Separate examination. Is of a witness apart from or out of the hearing of another or other witnesses. Cross-examination, which is the right of the party against whom a witness is called, is a means of separating hearsay from knowledge, error from ti’uth, opinion from fact, inference from recollection; of ascertaining the order of the events as narrated by the witness in his examination in chief, the time and place when and where they occurred, and the attending circumstances; and of testing the intelligence, memory, impartiality, truthfulness, and integrit.y of the witness. Cross-examination is ” the crucial test ” of truth. A witness may not be cross-examined as to facts and circumstances not connected with matters stated in his dutect examination; if a party wishes to examine him as to such facts and circumstances he must call him as a witness in the subsequent progress of the case; that is, ” make him his own witness.” Greater latitude is allowed in the cross-examination of a party than in that of another witness. Still, this, in its course and extent, where directed to matters not inquired into in the principal examination, is largely subject to the control of the court in the exercise of a sound discretion,- as is the cross-examination of other witnesses.A party may ask questions to show bias or prejudice, or to lay a foundation to admit evidence of a prior contradictory statement. An adverse party may now generally be called in chief ” as for cross-examination ” whenever his testimony may be needed to make out a prima facie cause of action or defense. The court may order the separate examination of a witness. Refusal to answer a proper question is a contempt of court. The court itself may examine. Prompting is not permitted. On the direct examination leading questions are generally prohibited. The extent and severity of an examination rests with the court. Examination is not allowed as to a conclusion of law, nor, in chief, as to motive, nor as to an opinion. Answers are privileged. The substance of a conversation or of an absent writing may be given. Vague impressions are inadmissible. Answers are according to recollection and belief. A witness may refresh his memory from memoranda. On cross-examination leading questions may be put. All such questioning is to be on the subject of the examination in chief. Collateral facts cannot be introduced to test memory. A witness is not compelled to criminate himself; nor to answer a question imputing disgrace, unless the question is material. May inquire as to religious belief, motive, veracity, bias, and the res gestce. And may draw inferences from refusal to answer. Re examination is permitted as to a matter requiring explanation, and as to new matters introduced by the opposition. For this reason a witness may be recalled. Re-cross examination is discretionary with the court. See Call; Confront; Cbimisate; Evidence; Expert; Impeach, 3; Prejudice; Question; Refresh; Voir; Witness.

Resources

Notes and References

1. Concept of Examination provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)