Question: Can trial attorneys ask prospective jurors hypothetical questions? Answer: Yes, see below. A trial judge has discretion to permit voir dire questions formulated to evoke jurors’ attitu...
What is the “Good Samaritan Law”?
Question: What is the “Good Samaritan Law”? Answer: It provides certain protections for rendering aid in emergency situations. These statutes encourage physicians, and sometimes others, including ...
Can you use deadly force to protect yourself?
Question: Can you use deadly force to protect yourself? Answer: Yes, but there are requirements. See below Self-defense is recognized by the Indiana Code as a legal justification for the commission of...
Can a property owner testify as to the value of their property?
Question: Can a property owner testify as to the value of their property? Answer: Yes, the owner of property can be shown to be competent to testify as to its value. See below. In order for any witnes...
Can a party plead the 5th Amendment in a civil case and not answer certain questions?
Question: Can a party plead the 5th Amendment in a civil case and not answer certain questions? Answer: Yes, but that party does so at their peril. See below It is a bedrock principle of our criminal ...
What is an “inter vivos” gift?
Questions: What is an “inter vivos” gift? Can you make a car such a gift if you keep your name on the title of the car? Answers: “Inter vivos” is a Latin term meaning between the living. A pre...
Can you ask leading question at trial in the State of Indiana?
Question: Can you ask leading question at trial in the State of Indiana? Answer: Yes, but there is discretion by the trial court, see below. It is in the sound discretion of the trial court permit the...
Can you sue for injuries sustained on the golf course from an errant drive of another golfer?
Question: Can you sue for injuries sustained on the golf course from an errant drive of another golfer? Answer: Normally, you may not. Breach of duty usually involves an evaluation of reasonableness t...
When does a trial judge commit error in denying a for-cause challenge to a juror?
Question: When does a trial judge commit error in denying a for-cause challenge to a juror? Answer: If the denial for-cause was illogical or arbitrary. A trial court has discretion to grant or deny ju...
How do courts determine if a police shooting of a suspect violated the suspect’s civil rights?
Question: How do courts determine if a police shooting of a suspect violated the suspect’s civil rights? Answer: Police shootings are judged from the totality of the circumstances. The test to see i...