Court Reporter Practice Exam

Under which circumstances are leading questions allowed?

1. When the questioner is the attorney of the witness

2. When the witness is elderly, young, or has a language barrier

3. When the witness has already been examined extensively

4. When permission is granted by the judge prior to questioning

The correct answer is: When the witness is elderly, young, or has a language barrier

The correct circumstances under which leading questions are allowed pertain to the context of the questioning and the vulnerability of the witness. Leading questions suggest their own answers or contain assumptions that guide the witness toward a particular response. This method is often restricted during direct examination to ensure that the witness's testimony is based on their own recollection and perception. In judicial settings, leading questions are sometimes permitted when questioning individuals who may have difficulty articulating their thoughts due to age, cognitive ability, or language barriers. This is to ensure that such witnesses can understand the questions being posed, thus supporting them in delivering more accurate and meaningful testimonies. The legal system recognizes the need to adapt procedures to facilitate fair participation by all witnesses, especially those who might otherwise struggle during questioning. While other reasons for allowing leading questions, such as extensive prior examination or judicial permission, might exist, they do not directly address the inherent need to accommodate witnesses who are elderly, young, or facing language challenges, making this the most fitting justification in the context of the question.