1407

I would argue that the testimony contains an implicit assertion by Elvis, based on his observation, that he thinks Newt is a lawyer.

Remember when we discussed leading questions that weren’t really questions but were factual assertions by the lawyer who was merely seeking affirmation by the witness? This is such a question by Elvis. He has perceioved that Newt is probably a lawyer (our opinions don't have to be 100% certain) and he is seeking confirmation.

This is not to say that a judge would necessarily agree. Implicit assertions are elusive things, and some judges might view this as a genuine question because Elvis could not be sure until Newt answered.

Questions? Email tanford@indiana.edu and refer to 1407

In item 7, Newt says he specializes in real estate law and is looking at some condo developments. If the defense objects as hearsay, what is the best response? When you think you know the answer, click here.