Paralegal Advanced Competency Exam (PACE) Practice Exam

What are leading questions?

1. Questions that inquire about general facts

2. Questions that suggest an answer to the witness

3. Questions that require elaborate explanations

4. Questions that can only be asked in direct examination

The correct answer is: Questions that suggest an answer to the witness

Leading questions are those that suggest a particular answer within the phrasing of the question itself. This means that when a leading question is asked, it often includes or implies the answer in its wording, which can influence the responses given by the witness. For example, asking a witness, "You saw the defendant at the scene, didn't you?" implies the answer is likely "yes" and nudges the witness toward that response. In legal contexts, leading questions are usually discouraged during direct examination because they can bias the testimony by steering the witness towards a particular response instead of allowing them to provide their account freely. However, they are more commonly allowed during cross-examination, where the goal is often to challenge the testimony or create contradictions. The other options do not accurately describe leading questions. Questions that inquire about general facts do not necessarily suggest an answer, while questions requiring elaborate explanations are typically open-ended and do not guide a witness toward a specific response. In addition, the notion that leading questions can only be asked during direct examination is incorrect, as they are primarily used in cross-examination.