Section 6.  Using the Record from the Litigation between Brothers to Illustrate the Application                    of the Law of Evidence

 

In the previous Lesson we talked about the litigation between the brothers handled by Mr. Zhang. Here we use the records from that case to illustrate the application of the law of evidence.

 

Mr. Zhang:  "Mr. Shi, showing you defense evidence number 10, identified as a letter from Big                       Brother Shi to Little Brother Shi, dated July 5, 996.  Do you recognize this letter?"

Witness:  "Yes."

Mr. Zhang:  "Did you sign on this letter?"

Witness:  "Yes."

 

Mr. Zhang used a verbal description to allow the reporter record his action of handing defense Exhibit no. 10 to the witness. If Mr. Zhang did not say anything, in the future how can the reader of this record know about the handing over of Exhibit 10? From this perspective, the oral description of an action by the attorney is somewhat similar to a common skill used by a radio news reporter.

 

Mr. Zhang: "The letter you signed said that the three hundred thousand dollars you wire                                 transferred to the defendant was the private funds of the defendant, correct?"

Witness:  "No. The funds belonged to me. They defrauded me. I wrote that way for their tax                          benefit."

Mr. Zhang:  "So your testimony is that the letter you wrote on July 5, 1995, was false, isn't that                        right?"

Mr. Brown:  "Objection.  Leading question."

Mr. Zhang:  "This is impeachment."

Judge:  "Objection overruled."

Mr. Zhang:  "Please answer my question."

Witness:  "Yes."

 

The question posed by Mr. Zhang was obviously a leading question and normally would meet objection. But in impeaching a witness, he had the leeway to ask certain leading questions.  Impeach the testimony of a witness means to attack or to doubt the reliability of the testimony of the witness.

 

Mr. Zhang: "Since you admit that what you said in the July , 1996 letter was false, my next                            question is, were you lying when you wrote the July 5, 1996 letter, or are you lying                      now?"

Mr. Brown:  "Objection. Compounded question."

Judge:  "The question is allowed."

Mr. Zhang:  "I ask again.  Mr. Shi, were you lying when you wrote the July 5, 1996 letter, or are                       you lying now?"

Witness:  "I am telling the truth now."

 

Mr. Zhang launched a devastating attack on the lies of the witness.