WordNet
- a witness whose relationship to the opposing party is such that his or her testimony may be prejudiced against the opposing party; "a hostile witness can be asked leading questions and cross-examined" (同)hostile witness
- be a witness to; "She witnessed the accident and had to testify in court"
- (law) a person who attests to the genuineness of a document or signature by adding their own signature (同)attestant, attestor, attestator
- someone who sees an event and reports what happened (同)witnesser, informant
- (law) a person who testifies under oath in a court of law
- testimony by word or deed to your religious faith
- perceive or be contemporaneous with; "We found Republicans winning the offices"; "Youll see a lot of cheating in this school"; "The 1960s saw the rebellion of the younger generation against established traditions"; "I want to see results" (同)find, see
- contrary to your interests or welfare; "adverse circumstances"; "made a place for themselves under the most untoward conditions" (同)inauspicious, untoward
- in an opposing direction; "adverse currents"; "a contrary wind" (同)contrary
PrepTutorEJDIC
- 〈C〉(また eyewitness)(…の)『目撃者』《+of(to)+名》 / 〈C〉(法廷などの)『証人』,証言者 / 〈C〉(契約・結婚などの)保証人,立会人;(文書の)連署人《+to+名》 / 〈U〉《文》(特に法廷での)証言 / 〈C〉(…の)証拠[となるもの]《+to+名》 / …‘を'『目撃する』,まのあたりに見る / 〈文書〉‘に'証人として署名する;…‘に'立ち会う / …‘の'証拠になる,‘を'証明する,示す / (…を)証言する,(…の)証拠になる《+to+名(doing)》
- 反対の,逆の / 逆方向の
Wikipedia preview
出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2015/10/27 21:12:34」(JST)
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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (November 2010) |
| Evidence |
| Part of the common law series |
| Types of evidence |
- Real (physical)
- Digital
- Exculpatory
- Inculpatory
- Demonstrative
- Eyewitness identification
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| Relevance |
- Burden of proof
- Laying a foundation
- Public policy exclusions
- Spoliation
- Character
- Habit
- Similar fact
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| Authentication |
- Judicial notice
- Best evidence rule
- Self-authenticating document
- Hague Evidence Convention
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| Witnesses |
- Cross-examination
- Redirect
- Impeachment
- Recorded recollection
- Expert witness
- Dead Man's Statute
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| Hearsay and exceptions |
- in English law
- in United States law
- Confessions
- Business records
- Excited utterance
- Dying declaration
- Party admission
- Ancient document
- Declaration against interest
- Present sense impression
- Res gestae
- Learned treatise
- Implied assertion
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| Other common law areas |
- Wills, trusts and estates
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For the Ray Milland film, see Hostile Witness.
A hostile witness, otherwise known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness.
Contents
- 1 Process
- 2 References
- 3 External links
- 3.1 Evidence law
- 3.2 Other contexts
Process
During direct examination, if the examining attorney who called the witness finds that their testimony is antagonistic or contrary to the legal position of their client, the attorney may request that the judge declare the witness hostile. If the request is granted, the attorney may proceed to ask the witness leading questions. Leading questions either suggest the answer ("You saw my client sign the contract, correct?") or challenge (impeach) the witness' testimony. As a rule, leading questions are generally only allowed during cross-examination, but a hostile witness is an exception to this rule.
In cross-examination conducted by the opposing party's attorney, a witness is presumed to be hostile and the examining attorney is not required to seek the judge's permission before asking leading questions. Attorneys can influence a hostile witness' responses by using Gestalt psychology to influence the way the witness perceives the situation, and utility theory to understand their likely responses.[1] The attorney will integrate a hostile witness' expected responses into the larger case strategy through pretrial planning and through adapting as necessary during the course of the trial.[2]
References
- ^ Dreier, A.S.; Strategy, Planning & Litigating to Win; Conatus, Boston, MA, 2012, pp. 78-85; ISBN 0615676952
- ^ Dreier, pp. 46-73
External links
Evidence law
- Federal Rules of Evidence - Rule 611: Mode and Order of Interrogation and Presentation
Other contexts
- Hostile Witness, 1966 Broadway play
- Hostile Witness, 1968 film
UpToDate Contents
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English Journal
- Cardiovascular surgery in Jehovah's Witness patients: The role of preoperative optimization.
- Tanaka A1, Ota T1, Uriel N2, Asfaw Z1, Onsager D1, Lonchyna VA1, Jeevanandam V3.
- The Journal of thoracic and cardiovascular surgery.J Thorac Cardiovasc Surg.2015 Jun 30. pii: S0022-5223(15)01087-9. doi: 10.1016/j.jtcvs.2015.06.059. [Epub ahead of print]
- OBJECTIVE: We aimed to identify factors associated with adverse outcomes in Jehovah's Witness patients undergoing complex cardiovascular surgery and to validate our preoperative optimization protocol.METHODS: We retrospectively reviewed 144 Jehovah's Witnesses who underwent cardiovascular surgery be
- PMID 26211405
- Adverse Childhood Experiences Among Immigrants to the United States.
- Vaughn MG1, Salas-Wright CP2, Huang J3, Qian Z3, Terzis LD3, Helton JJ3.
- Journal of interpersonal violence.J Interpers Violence.2015 Jun 24. pii: 0886260515589568. [Epub ahead of print]
- A growing number of studies have examined the "immigrant paradox" with respect to health behaviors in the United States. However, little research attention has been afforded to the study of adverse childhood experiences (ACE; neglect, physical and sexual abuse, and witnessing violence) among immigra
- PMID 26112971
- The Relationship of Adverse Childhood Experiences to PTSD, Depression, Poly-Drug Use and Suicide Attempt in Reservation-Based Native American Adolescents and Young Adults.
- Brockie TN1, Dana-Sacco G, Wallen GR, Wilcox HC, Campbell JC.
- American journal of community psychology.Am J Community Psychol.2015 Jun;55(3-4):411-21. doi: 10.1007/s10464-015-9721-3.
- Adverse childhood experiences (ACEs) are associated with numerous risk behaviors and mental health outcomes among youth. This study examines the relationship between the number of types of exposures to ACEs and risk behaviors and mental health outcomes among reservation-based Native Americans. In 20
- PMID 25893815
Related Links
- Thesaurus Antonyms Related Words Synonyms Legend: Noun 1. adverse witness - a witness whose relationship to the opposing party is such that his or her testimony may be prejudiced against the opposing party; "a hostile ...
- ISSUE: Generally, every circumstance relating to the direct testimony of an adverse witness of relating to anything within his or her knowledge is a proper subject for cross-examination, including any matter which might qualify or ...
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- 関
- against、aversive、contrary、deleterious、detrimental、disagree、disagreement、harmful、hazardous、injurious、noxious、object、objection、oppose、opposite、opposition、untoward
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