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Simple English definitions for legal terms
examination
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A quick definition of examination:
Examination is when someone looks closely at something or asks questions to find out more information. In court, examination means asking a witness questions to learn about what they know. There are three types of examination: direct examination, when the lawyer who called the witness asks questions; cross examination, when the other lawyer asks questions to challenge what the witness said; and redirect examination, when the first lawyer asks more questions to clarify things. In real estate, examination means checking a property's history and records to make sure everything is okay before buying it.
A more thorough explanation:
Examination refers to a process of questioning, inspecting, or searching. It can be used in different contexts, such as in court trials or real estate transactions.
During court trials, examination refers to the process of interrogating a witness to determine the testimony of their statement. There are three types of examination:
- Direct examination: This is the first round of questioning a witness by the attorney who called the witness. It is done to gather information from the witness.
- Cross examination: This is the second round of questioning a witness by the opposing attorney. It is done to challenge or add to the witness's testimony already presented before the court during direct examination.
- Redirect examination: This is the third round where a witness may be recalled by the court upon request of the attorney after both direct and cross examinations of such a witness have been completed. Such an examination is for the purpose of clarifying or addressing issues raised post cross-examination.
In real estate transactions, examination is an inspection conducted for a property in order to ascertain its history, transaction record, background check, authenticity of owner records, etc. This is usually undertaken by the purchaser to determine whether the property being purchased is free from any charge, mortgage, third party claims and title.
During a court trial, the prosecutor conducted a direct examination of the witness to gather information about the crime. The defense attorney then conducted a cross examination to challenge the witness's testimony. Finally, the prosecutor requested a redirect examination to clarify some issues raised during cross-examination.
When buying a house, the buyer conducted an examination of the property to ensure that there are no liens, mortgages, or other claims against the property that could affect the sale.
These examples illustrate how examination is used in different contexts to gather information, challenge testimony, or ensure the authenticity of a property's records.