Legal Question in Workers Comp in New Jersey

Re: can you use this type of question in a trial

This question is objectionable becuase it may presume a fact, assuming that hte fact was not proven already. If you in fact kicked your dog before, then it may not be objectionable. However, assuming that you have not kicked the dog, then the question is objectionable in form and "for assuming a fact not in evidence" or more correctly "lack of foundation" since it requires the answerer to concede having kicked the dog before in order to answer the question.

Thus, the question may or may not be proper, depending on the factual scenario.

For example, if a person was convicted of passing bad checks, and was on trial you might ask whether someone is still passing bad checks.

However, if there was no such evidence of prior check fraud, then it would be an improper question for lack of foundation and would probably be a mistrial becuase the question clearly implies that he did before.

Thus, this type of question can be fraught with problems and can only be asked with a proper foundation or one runs the risk of sanctions.

I hope that clarifies your question to some extent.