Controlling how questions are asked is governed under
A) rules of evidence.
B) rules of legal conduct.
C) jury litigation.
D) judicial administration.
The correct answer and explanation is:
The correct answer is A) rules of evidence.
In legal proceedings, the manner in which questions are asked during examinations is primarily governed by the rules of evidence. These rules are designed to ensure that the information presented in court is relevant, reliable, and not misleading. They guide both how attorneys can ask questions and how the responses are admissible as evidence. For example, questions that are irrelevant to the case at hand or designed to unfairly lead a witness may be objected to and ruled inadmissible by the judge.
The rules of evidence set boundaries around the types of questions that can be asked. For instance, questions that invade a witness’s privilege (such as attorney-client privilege) or those that elicit hearsay (statements made outside the courtroom to prove the truth of the matter asserted) are prohibited. These rules also ensure that questions are asked in a fair and respectful manner, preventing undue harassment of witnesses.
In contrast, rules of legal conduct (Option B) refer to the ethical guidelines that govern how lawyers conduct themselves in the legal profession, such as maintaining client confidentiality and avoiding conflicts of interest. Jury litigation (Option C) refers to the process by which a jury participates in a trial, but it does not directly address how questions are asked. Judicial administration (Option D) involves the management of court proceedings, but it does not specifically govern the questioning process during examinations.
Overall, the rules of evidence play a central role in shaping the questioning process, ensuring that all testimony is relevant and fair, protecting the rights of all parties involved.