Can a lawyer insist on a yes or no answer?

Asked by: Mr. Afton Daniel III  |  Last update: December 21, 2023
Score: 5/5 (74 votes)

In an effort to control you, opposing counsel may demand only yes or no answers.

Can a lawyer force you to answer yes or no?

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.

Are yes or no questions legal?

Short answer: If you ask the question carefully, you can absolutely compel a witness to give a yes or no answer, although usually only on cross-examination.

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.

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.

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40 related questions found

What do lawyers say in court when they don't agree?

When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.

Can I refuse to answer a question?

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.

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 just say I don't know in court?

Instead the better practice is to say “I'm not sure” or “I don't know.” If you are unsure about an answer you cannot then answer the question.

Why not use yes or no questions?

Yes / No questions lead to Yes / No answers; answers that are short, with virtually no rich description. This will leave the interviewer with limited information to work with when it comes to data analysis.

What are the disadvantages of yes or no questions?

Even though yes-or-no questions have a lot of pros, they are not without some disadvantages: Oversimplifying. Some questions require a more thorough or detailed answer than yes or no. Reducing some queries to a yes-or-no question risks oversimplifying them to the point where the answers aren't very helpful.

Can you have a question without an answer?

When you ask a rhetorical question, you don't really expect an answer.

Does a lawyer have to do what you say?

Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

Can a lawyer object to his own question?

The questioning attorney objected to the hearsay given in the answer, when he didn't need to go that far. The judge seemingly overruled his objection because the attorney was the one that asked the question, presumably because, it is true, you cannot object to your own question.

How do you answer difficult questions in court?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What is it called when you refuse to speak in court?

Refusing to testify is considered direct contempt because it is committed in the presence of the judge. A judge can immediately punish someone who refuses to testify (See Code of Civil Procedure 1218). A witness who is found in direct contempt can receive: 5 days jail, a $1,000 fine.

What is the 5th Amendment right to remain silent?

The Fifth Amendment also protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory.

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 a judge overrule pleading the fifth?

For example, if a witness invokes the Fifth but goes on to selectively answer questions about the same subject matter, a judge might decide that the later answers invalidate the initial waiver. But judges are hesitant to declare the privilege waived because of its importance.

Can you plead the 5th if you are subpoenaed?

Yes. The Supreme Court has held that the Fifth Amendment right against self-incrimination is available to recipients of congressional subpoenas.

How can pleading the fifth be used against you?

The idea is that defendants, whether guilty or innocent, should not be punished for exercising a right under the United States Constitution. Both jurors and the public tend to make an adverse inference against anyone who pleads the fifth, which is why courts do not allow it to be used as evidence in a criminal trial.

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!

Is it rude to call a judge sir?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.”

How do you impress a judge in court?

You may be nervous when you get into the courtroom, but these six tips will help ease any anxiety about how it's going to go.
  1. Know the judge. ...
  2. Be organized with your paperwork. ...
  3. Dress Appropriately. ...
  4. Stay calm in front of the jury. ...
  5. Keep eye contact with the jury. ...
  6. Don't be late to court.