Can a lawyer force you to answer yes or no?
Asked by: Jerel Hilpert | Last update: November 22, 2023Score: 4.9/5 (59 votes)
The court may order to answer yes/no first before the explanation. The explanation must be relevant to the yes/no answer. The court usually will not allow the witness to wander away from the question that was asked. It is also possible that a seeming yes/no question doesn't have a yes/no answer.
Can you only answer yes or no in court?
Give the answer in your own words, and if a question can't be truthfully answered with "yes" or "no," you have the right to explain your answer. Answer only the question asked you.
Can you decline to answer a question in court?
The testimony would incriminate yourself – Under the Fifth Amendment in the Constitution, you have the right to avoid giving any evidence that could self-incriminate you. In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.
Can you be forced to answer a question?
No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
Do you have to answer a lawyer's questions?
Your choice. If you answer those questions, your case moves forward. If you CHOOSE NOT to answer selected questions, either you will voluntarily remove that part of the claim from your lawsuit or the opposing attorney will ask the judge to remove it.
An Attorney Can't Force You to Answer "Yes or No"
What to say when you don t want to answer a question in court?
"I can't answer that question yes or no, but if you'll allow me to explain, I can tell you exactly why that happened." Of course the defense attorney will not want you to explain anything, nor will he give you the opportunity to do so.
What happens if you don't respond to a lawyer's letter?
The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged accordingly.
What questions are you not allowed to answer?
Gender, sex or sexual orientation. Marital status, family, or pregnancy. Race, color, or ethnicity. Religion.
What are forced response questions?
What is a Forced-Choice Question? A forced-choice question does not have options like “Can't say,” “Don't know,” “Neutral,” or “Maybe.” This question type compels respondents to select an option that reflects their experience or opinion. They cannot offer any neutral answers.
Is it disrespectful to not answer a question?
If you keep quiet, your respondent would likely feel insulted and hurt. Keeping quiet is snubbish and disrespectful. If you dont feel like answering the question, why not simply say : hey fella, i can't answer that question!
Can a judge make you answer a question if you plead the fifth?
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendant's own lawyer cannot force the defendant to take the witness stand against their will.
Can you choose not to speak in court?
The underlying principle behind the right to remain silent is that prosecutors cannot compel criminal defendants to be witnesses against themselves. That is what it means to “plead the Fifth.” That is, you are exercising your constitutional right to not speak in court and not to incriminate yourself.
Can you plead the fifth in court?
The Difference Between Asserting the Privilege Against Self-Incrimination in a Criminal Investigation Versus in a Civil Case. In criminal cases, you are allowed to “plead the Fifth” and stay completely silent and it cannot be used against you.
What happens if you say nothing in court?
If you properly assert your right to remain silent, your silence cannot be used against you in court. If your case goes to jury trial, the jury would be given a specific instructions not to consider your silence as an admission of guilt.
Can you say no when asked to tell the truth in court?
Then you would be in contempt of court. If you will affirm, not swear to tell the truth, then your testimony would be taken. If you refuse even to affirm the truthfulness of your testimony, you would not be allowed to testify and you would be jailed for contempt.
Are yes or no questions leading in court?
v. Berry. Williams is a California case that states, “[a] question calling for a 'yes' or 'no' answer is a leading question only if, under the circumstances, it is obvious that the examiner is suggesting that the witness answer the question one way only, whether it be 'yes' or 'no.
What is an example of a forced choice response?
For example, a respondent who would choose "Don't know" if the option were available may be forced to guess or pick a response that doesn't match their opinion. A neutral answer would be eliminated from survey results, but a guess will be included as accurate data when it might, in fact, be inaccurate.
What is a forced choice?
The forced-choice method is the use of two or more specific response options on a survey or questionnaire, for example “yes” or “no” or “green,” “blue,” or “red.” Options such as “not sure,” “no opinion,” or “not applicable” are not included; respondents must commit to an actual answer.
What is an example of a forced option?
A forced option is a dilemma— the hypothesis cannot be avoided. I.e., for someone enrolled in this class to come to class or not is forced..
What question Cannot be answered by yes or no?
Open-ended questions are questions that cannot be answered with a simple 'yes' or 'no', and instead require the respondent to elaborate on their points.
What are questions that cant be answered by yes or no?
- When did time begin?
- Did we invent math or did we discover it?
- Where does a thought go when it's forgotten?
- Do we have free will or is everything predestined?
- Is there life after death?
- Is it really possible to experience anything objectively?
- What are dreams?
- What is the goal of humanity?
What personal questions Cannot be asked?
- Age.
- Race.
- Ethnicity.
- Color.
- Gender.
- Sex.
- Sexual orientation or gender identity.
- Country of origin.
How do you respond to a threat of legal action?
The law protects your activity: Go ahead and draft a letter or email back to the sender explaining why you think your actions are appropriate. Stand your ground, but be polite as abrasive language is likely to result in inflaming the recipient and making the situation worse.
Do judges read letters sent to them?
Remember that judges read hundreds of letters. The easier you make it for the judge to read, the most likely the judge will be able to focus on the message you are trying to convey. For most people, a typed letter is more legible than a handwritten one.
What happens if you don't respond to a law suit?
You Can Lose By Default:
If you don't file a response 30 days after you were served, the Plaintiff can file a form called “Request for Default”. The Plaintiff has to wait 30 days to file this. If the Plaintiff files this form, the Court can enter a judgment against you. The Plaintiff will win the case.