Wednesday, October 16, 2013

LAWYERS' DUMB QUESTIONS

Here is some more on the subject of questioning. Lawyers ask some dumb questions on cross-examination. “Why?” being the dumbest of them all because it opens the door for the witness to say almost anything.
The following quotations are taken from official court records across the nation, showing how funny and embarrassing it is that recorders operate at all times in courts of law, so that even the slightest inadvertence is preserved for posterity.
________________________________________
o Lawyer: "Was that the same nose you broke as a child?"
o Witness: "I only have one, you know."
________________________________________
o Lawyer: "Now, Mrs. Johnson, how was your first marriage terminated?"
o Witness: "By death."
o Lawyer: "And by whose death was it terminated?"
________________________________________
o Accused, Defending His Own Case: "Did you get a good look at my face when I took your purse?"
The defendant was found guilty and sentenced to ten years in jail.
________________________________________
o Lawyer: "What is your date of birth?"
o Witness: "July 15th."
o Lawyer: "What year?"
o Witness: "Every year."
________________________________________
o Lawyer: "Can you tell us what was stolen from your house?"
o Witness: "There was a rifle that belonged to my father that was stolen from the hall closet."
o Lawyer: "Can you identify the rifle?"
o Witness: "Yes. There was something written on the side of it."
o Lawyer: "And what did the writing say?"
o Witness: "'Winchester'!"
________________________________________
o Lawyer: "What gear were you in at the moment of the impact?"
o Witness: "Gucci sweats and Reeboks."
________________________________________
o Lawyer: "Can you describe what the person who attacked you looked like?"
o Witness: "No. He was wearing a mask."
o Lawyer: "What was he wearing under the mask?"
o Witness: "Er...his face."
________________________________________
o Lawyer: "This myasthenia gravis -- does it affect your memory at all?"
o Witness: "Yes."
o Lawyer: "And in what ways does it affect your memory?"
o Witness: "I forget."
o Lawyer: "You forget. Can you give us an example of something that you've forgotten?"
________________________________________
o Lawyer: "How old is your son, the one living with you?"
o Witness: "Thirty-eight or thirty-five, I can't remember which."
o Lawyer: "How long has he lived with you?"
o Witness: "Forty-five years."
________________________________________
o Lawyer: "What was the first thing your husband said to you when he woke that morning?"
o Witness: "He said, 'Where am I, Cathy?'"
o Lawyer: "And why did that upset you?"
o Witness: "My name is Susan."
________________________________________
o Lawyer: "Sir, what is your IQ?"
o Witness: "Well, I can see pretty well, I think."
________________________________________
o Lawyer: "Did you blow your horn or anything?"
o Witness: "After the accident?"
o Lawyer: "Before the accident."
o Witness: "Sure, I played for ten years. I even went to school for it."
________________________________________
o Lawyer: "Trooper, when you stopped the defendant, were your red and blue lights flashing?"
o Witness: "Yes."
o Lawyer: "Did the defendant say anything when she got out of her car?"
o Witness: "Yes, sir."
o Lawyer: "What did she say?"
o Witness: "'What disco am I at?'"
________________________________________
o Lawyer: "Doctor, before you performed the autopsy, did you check for a pulse?"
o Witness: "No."
o Lawyer: "Did you check for blood pressure?"
o Witness: "No."
o Lawyer: "Did you check for breathing?"
o Witness: "No."
o Lawyer: "So, then it is possible that the patient was alive when you began the autopsy?"
o Witness: "No."
o Lawyer: "How can you be so sure, Doctor?"
o Witness: "Because his brain was sitting on my desk in a jar."
o Lawyer: "But could the patient have still been alive nevertheless?"
o Witness: "Yes, it is possible that he could have been alive and practicing law somewhere."
________________________________________
o Lawyer: "How far apart were the vehicles at the time of the collision?"
________________________________________
o Lawyer: "And you check your radar unit frequently?"
o Officer: "Yes, I do."
o Lawyer: "And was your radar unit functioning correctly at the time you had the plaintiff on radar?"
o Officer: "Yes, it was malfunctioning correctly."
________________________________________
o Lawyer: "What happened then?"
o Witness: "He told me, he says, 'I have to kill you because you can identify me.'"
o Lawyer: "Did he kill you?"
o Witness: "No."
________________________________________
o Lawyer: "Now sir, I'm sure you are an intelligent and honest man--"
o Witness: "Thank you. If I weren't under oath, I'd return the compliment."
________________________________________
o Lawyer: "You were there until the time you left, is that true?"
________________________________________
o Lawyer: "So you were gone until you returned?"
________________________________________
o Lawyer: "The youngest son, the 20 year old, how old is he?"
________________________________________
o Lawyer: "Were you alone or by yourself?"
________________________________________
o Lawyer: "How long have you been a French Canadian?"
________________________________________
o Witness: "He was about medium height and had a beard."
o Lawyer: "Was this a male or a female?"
________________________________________
o Lawyer: "Mr. Slatery, you went on a rather elaborate honeymoon, didn't you?"
o Witness: "I went to Europe, sir."
o Lawyer: "And you took your new wife?"
________________________________________
o Lawyer: "I show you Exhibit 3 and ask you if you recognize that picture."
o Witness: "That's me."
o Lawyer: "Were you present when that picture was taken?"
________________________________________
o Lawyer: "Were you present in court this morning when you were sworn in?"
________________________________________
o Lawyer: "Do you know how far pregnant you are now?"
o Witness: "I'll be three months on November 8."
o Lawyer: "Apparently, then, the date of conception was August 8?"
o Witness: "Yes."
o Lawyer: "What were you doing at that time?"
________________________________________
o Lawyer: "How many times have you committed suicide?"
o Witness: "Four times."
________________________________________
o Lawyer: "Do you have any children or anything of that kind?"
________________________________________
o Lawyer: "She had three children, right?"
o Witness: "Yes."
o Lawyer: "How many were boys?"
o Witness: "None."
o Lawyer: "Were there girls?"
________________________________________
o Lawyer: "You don't know what it was, and you didn't know what it looked like, but can you describe it?"
________________________________________
o Lawyer: "You say that the stairs went down to the basement?"
o Witness: "Yes."
o Lawyer: "And these stairs, did they go up also?"
________________________________________
o Lawyer: "Have you lived in this town all your life?"
o Witness: "Not yet."
________________________________________
o Lawyer: (realizing he was on the verge of asking a stupid question) "Your Honor, I'd like to strike the next question."
________________________________________
o Lawyer: "Do you recall approximately the time that you examined the body of Mr. Eddington at the Rose Chapel?"
o Witness: "It was in the evening. The autopsy started about 8:30pm."
o Lawyer: "And Mr. Eddington was dead at the time, is that correct?"
________________________________________
o Lawyer: "What is your brother-in-law's name?"
o Witness: "Borofkin."
o Lawyer: "What's his first name?"
o Witness: "I can't remember."
o Lawyer: "He's been your brother-in-law for years, and you can't remember his first name?"
o Witness: "No. I tell you, I'm too excited." (rising and pointing to his brother-in-law) "Nathan, for heaven's sake, tell them your first name!"
________________________________________
o Lawyer: "Did you ever stay all night with this man in New York?"
o Witness: "I refuse to answer that question.
o Lawyer: "Did you ever stay all night with this man in Chicago?"
o Witness: "I refuse to answer that question.
o Lawyer: "Did you ever stay all night with this man in Miami?"
o Witness: "No."
________________________________________
o Lawyer: "Doctor, did you say he was shot in the woods?"
o Witness: "No, I said he was shot in the lumbar region."
________________________________________
o Lawyer: "What is your marital status?"
o Witness: "Fair."
________________________________________
o Lawyer: "Are you married?"
o Witness: "No, I'm divorced."
o Lawyer: "And what did your husband do before you divorced him?"
o Witness: "A lot of things I didn't know about."
________________________________________
o Lawyer: "And who is this person you are speaking of?"
o Witness: "My ex-widow said it.
________________________________________
o Lawyer: "How did you happen to go to Dr. Cherney?"
o Witness: "Well, a gal down the road had had several of her children by Dr. Cherney and said he was really good."
________________________________________
o Lawyer: "Doctor, how many autopsies have you performed on dead people?"
o Witness: "All my autopsies have been performed on dead people."
________________________________________
o Lawyer: "Were you acquainted with the deceased?"
o Witness: "Yes sir."
o Lawyer: "Before or after he died?"
________________________________________
o Lawyer: "Mrs. Jones, is your appearance this morning pursuant to a deposition notice which I sent to your attorney?"
o Witness: "No. This is how I dress when I go to work."
________________________________________
o The Court: "Now, as we begin, I must ask you to banish all present information and prejudice from your minds, if you have any."
________________________________________
o Lawyer: "Did he pick the dog up by the ears?"
o Witness: "No."
o Lawyer: "What was he doing with the dog's ears?"
o Witness: "Picking them up in the air."
o Lawyer: "Where was the dog at this time?"
o Witness: "Attached to the ears."
________________________________________
o Lawyer: "When he went, had you gone and had she, if she wanted to and were able, for the time being excluding all the restraints on her not to go, gone also, would he have brought you, meaning you and she, with him to the station?"
o Other Lawyer: "Objection. That question should be taken out and shot."
________________________________________
o Lawyer: "And lastly, Gary, all your responses must be oral. Ok? What school do you go to?"
o Witness: "Oral."
o Lawyer: "How old are you?"
o Witness: "Oral."
________________________________________
o Lawyer: "What is your relationship with the plaintiff?"
o Witness: "She is my daughter."
o Lawyer: "Was she your daughter on February 13, 1979?"
________________________________________
o Lawyer: "Now, you have investigated other murders, have you not, where there was a victim?"
________________________________________
o Lawyer: "Now, doctor, isn't it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn't know anything about it until the next morning?"
________________________________________
o Lawyer: "And what did he do then?"
o Witness: "He came home, and next morning he was dead."
o Lawyer: "So when he woke up the next morning he was dead?"
________________________________________
o Lawyer: "Did you tell your lawyer that your husband had offered you indignities?"
o Witness: "He didn't offer me nothing. He just said I could have the furniture."
________________________________________
o Lawyer: "So, after the anesthesia, when you came out of it, what did you observe with respect to your scalp?"
o Witness: "I didn't see my scalp the whole time I was in the hospital."
o Lawyer: "It was covered?"
o Witness: "Yes, bandaged."
o Lawyer: "Then, later on...what did you see?"
o Witness: "I had a skin graft. My whole buttocks and leg were removed and put on top of my head."
________________________________________
o Lawyer: "Could you see him from where you were standing?"
o Witness: "I could see his head."
o Lawyer: "And where was his head?"
o Witness: "Just above his shoulders."
________________________________________
o Lawyer: "Do you drink when you're on duty?"
o Witness: "I don't drink when I'm on duty, unless I come on duty drunk."
________________________________________
o Lawyer: "Any suggestions as to what prevented this from being a murder trial instead of an attempted murder trial?"
o Witness: "The victim lived."
________________________________________
o Lawyer: "The truth of the matter is that you were not an unbiased, objective witness, isn't it? You too were shot in the fracas."
o Witness: "No, sir. I was shot midway between the fracas and the naval."
________________________________________
o Lawyer: "Officer, what led you to believe the defendant was under the influence?"
o Witness: "Because he was argumentary, and he couldn't pronunciate his words."
Attribution: http://www.rinkworks.com/said/courtroom.shtml

16 comments:

  1. Some of the questions are not as dumb as you think, eg date of birth needs a year, as well as day/month. You are only born in one year, and date of birth is not the same term as birthday, which would have been dumb.

    The lawyer in many case's is seeking information from the witness, without giving away motive, such as ;
    ' Lawyer: "And by whose death was it terminated?', really just seeking the first wife's name details, while distracting the thought pattern of the witness. Some 'dumb' questions, may be quite clever when you understand the answer being sought, it
    is in the lawyers advantage to be underestimated by the witness.

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