California Private Investigator Practice Exam

When an attorney attempts to impeach the other party's witness for the first time in court, what is this called?

1. Cross examination

2. Direct examination

3. Re-examination

4. Debate

The correct answer is: Cross examination

The term used when an attorney attempts to impeach the other party's witness is known as cross-examination. During cross-examination, the attorney questions a witness who has already testified for the opposing party, aiming to challenge the credibility and reliability of that witness's earlier statements. This process is crucial in legal proceedings as it allows the questioning attorney to highlight inconsistencies, biases, or weaknesses in the witness's testimony, thereby attempting to sway the judge or jury's perception of the case. Direct examination, on the other hand, refers to the initial questioning of a witness by the party that called them to testify, which differs significantly from the purpose of cross-examination. Re-examination occurs after cross-examination, allowing the original party to clarify or add to a witness's testimony following the opposing party’s questioning. Debate is not a term commonly associated with the courtroom context of witness testimony and questioning. Thus, cross-examination is the correct answer, reflecting the specific procedure used to impeach witnesses in a legal setting.