legal-terms
What is a leading question?
<p>What constitutes a leading question?</p>

<p>Until recently, I assumed it was the same as a "loaded question" in a casual context, like a question in a push polls designed to bias the answer. But through answers here, it's become clear to me that the legal meaning of a leading question is something with much more nuance.</p>

<p>I understand that leading questions generally aren't allowed on direct examination, with a few exceptions, but are fine on cross-examination. But I am not understanding the difference between <a href="https://www.thelegalseagull.com/objection-leading-question-try-rephrasing/" rel="noreferrer">these two formulations</a>:</p>

<p><strong>Leading</strong>: You were at Seagull’s Pub the night of October 31st, right?<br>
<strong>Not leading</strong>: Where were you the night of October 31st?</p>

<p>The former introduces the idea that they were at Seagull's Pub. Is that the only difference? Would it still be a leading question if it was rephrased as, "Were you at Seagull's Pub the night of October 31st?"</p>

<p>If the answer is specific to a jurisdiction, I am especially interested in US law and how it is most often practiced at both the federal and state levels.</p>

<p>A "leading question" is a question whose form suggests a possible answer. A non-leading question cannot be answered solely based upon knowledge of the language of the question, instead, a meaningful answer to it must contain facts that are not present in the language of the question. </p>

<p>Hence, for example, "Is your name Andrew?", is a leading question. </p>

<p>"What is your name?" is a non-leading question.</p>

<p>Usually, but not always, a leading question can be answered "yes" or "no."</p>
