Is an argumentative question a speech to the jury masquerading as a question?

California, United States of America

The following excerpt is from Insyst Ltd v. Applied Materials Inc, H033058, No. CV024251 (Cal. App. 2010):

"An argumentative question is a speech to the jury masquerading as a question. The questioner is not seeking to elicit relevant testimony. Often it is apparent that the questioner does not even expect an answer. The question may, indeed, be unanswerable." (People v. Chatman (2006) 38 Cal.4th 344, 384; see also In re Loucks'Estate (1911) 160 Cal. 551, 558 [challenge to witness to reconcile inconsistencies called for an argument, not a fact].)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is an argumentative question a speech to the jury masquerading as a question? (California, United States of America)

In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)

Does a person who refuses to answer any question put to him by police for questioning need not answer any questions at all and may go on his way? (California, United States of America)

In a constructive trust action, does the constructive trust remedy need to be considered a question upon a question of law? (California, United States of America)

In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)

What is the test for making an argument that a defendant has forfeited the argument in the trial court? (California, United States of America)

How have the courts treated the argument in the context of an argument in a civil case? (California, United States of America)

What is the dispositive argument against a defendant's argument that unlawful taking of a vehicle is a lesser included crime of carjacking? (California, United States of America)

Is a witness charged with contempt for failing to answer questions before a grand jury entitled to prove that the questions were based on illegal electronic surveillance? (California, United States of America)

Is an argumentative question a speech to the jury masquerading as a question?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources