Direct Examination: Car Theft

 

Action for the alleged conversion by D on June 1 of a $5,000 car allegedly owned by P. D's answer is a general denial of every allegation in the complaint. On direct examination of P, the first witness, the preliminary foundational questions are asked and answered, at which point P's counsel asks the witness, "And when you returned from the store, you saw D driving your car away, didn't you?" D objects.

What ruling and why? What mistake has P's attorney made? Construct a short segment of direct examination that would avoid the problem presented in this example.



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