Paralegal Advanced Competency Exam (PACE) Practice Exam

When can leading questions be used in a legal setting?

1. On direct examination only

2. On cross-examination and with hostile witnesses

3. Only in jury trials

4. During witness depositions

The correct answer is: On cross-examination and with hostile witnesses

Leading questions can be effectively used during cross-examination and when dealing with hostile witnesses due to the nature of these situations. In cross-examination, the attorney aims to challenge the credibility of the witness or elicit specific information that might not come forth through open-ended questioning. Leading questions, which suggest the answer within the question itself, help the lawyer direct the witness to give concise and relevant responses. In the case of hostile witnesses, who may be biased or evasive, leading questions can be particularly useful. They allow the attorney to take control of the narrative and effectively guide the witness toward the desired testimony. This method enhances the ability of legal professionals to confront and clarify issues that arise during testimony, ensuring that critical points are addressed directly. In contrast, leading questions are generally not appropriate during direct examination, where the goal is to allow the witness to freely provide their account without suggestion. Also, while leading questions might be permissible in depositions depending on the context, it's not universally applicable to all depositions, as those sessions often follow different rules of engagement compared to courtroom settings.