What is the term for asking a witness to guess?

Prepare for the Nova Middle Bar Exam with flashcards and multiple choice questions. Each question includes hints and explanations to boost your readiness. Excel on your exam!

Multiple Choice

What is the term for asking a witness to guess?

Explanation:
Speculation is the term for asking a witness to guess. In testimony, a witness should rely on what they actually observed or know firsthand. When a question prompts them to guess about facts beyond their direct knowledge, it introduces unfounded opinions that can mislead the trier of fact. The other terms describe different issues: a leading question tries to push the witness toward a particular answer, a narration is simply recounting events, and irrelevance points to evidence that doesn’t relate to the matter at hand.

Speculation is the term for asking a witness to guess. In testimony, a witness should rely on what they actually observed or know firsthand. When a question prompts them to guess about facts beyond their direct knowledge, it introduces unfounded opinions that can mislead the trier of fact. The other terms describe different issues: a leading question tries to push the witness toward a particular answer, a narration is simply recounting events, and irrelevance points to evidence that doesn’t relate to the matter at hand.

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