By David Ross
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In the contract case, the defence may be that the contract was performed until further action under the contract became impossible. In the injury case, the defence may argue simply that the injuries are not very serious and the plaintiff has returned to work. In the criminal case, the defence may be accident or self-defence. Most of the evidence giving the basis for these defences will come from cross-examination of your opponent’s witnesses.  It is a rare case where the evidence of a witness will be completely destroyed in cross-examination.
Repetition of a question to the child implies that the ﬁrst answer was not satisfactory. 13 If the child’s evidence is admissible, the next decision is whether the child can give sworn evidence. 14 Admissions  There may be an issue of fact which you know will be proved by your opponent but you don’t want the fact-ﬁnder to hear the evidence. The most usual example is the proof of death. The fact of death is rarely an issue. You might be appearing for someone who faces a criminal charge over a person’s death: murder, manslaughter, causing a death by wrongful driving and so on.
How did you come to be on the scene? What did you see of the victim? What did you see of the accused? Was the accused carrying anything? What did you see of the robbery? What was the result to the victim? What direction was taken by the accused? For how long did you see the accused? Did you identify the robber in the police line-up? Can you identify the person you saw now? If you ignore the correct order, you may confuse the witness and therefore the court.  The order for questioning a medical specialist might be: 42 Advocacy What information did you receive before examination?