How to Deal With Unclear Answers

• Author: John Hollander
• Pages: 47-66

how to deal with unclear answers

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chapter four

How to Deal With Unclear

Answers

   are poor questions, there are poor answers.

A poor answer is one that does not respond to the ques-

tion. In the earlier section, we considered what distin-

guishes a good question from a bad question. Now we

will consider what makes up a poor answer. e purpose

of the consideration is to devise a strategy to deal with it

when it occurs. Should the examiner:

• Leave the answer alone?

• Rephrase the question?

• Accept the answer and follow up with more ques-

tions?

• Insist on a responsive answer?

e choice of strategy revolves around a central issue.

If the initial question was worth the eort to ask it, the

examiner should insist upon an answer that deals with

the subject it raised. e examiner should then stay on

the subject until all relevant information is on the record.

Failure to follow this sequence exposes the examiner

to surprise at trial. e witness may exclaim, “Oh that’s

what you meant? Well, the answer is . . .”

 

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So long as your question was clear and unambiguous,

the examiner can argue that the witness is not answering

according to the rules. Many judges will still allow and

consider the new answer. at can really hurt the exam-

iner’s case.

is section considers various situations where the

witness has either dodged the question or answered in

a way that does not adequately respond to the question.

An answer should be useful, and vague answers are not

reliable. An examiner cannot depend on the answer re-

maining intact at trial. To avoid a surprise, the examiner

should identify all such answers and should eliminate

each one. Here is how to identify and remediate them.

Ambiguous Questions

   error of the examiner is the ambigu-

ous question. e most common of these are negative

questions and questions that contain the phrase “Do you

recall.”

An examiner can pose a closed question positively or

negatively. A positive closed question asks for a fact or

opinion. A negative question asks for a denial of that fact

or opinion.

1: Did you see the red umbrella in that crowd?

2: You saw the red umbrella in the crowd, is that correct?

ese are examples of positive questions. e answer is

comprehensible, whether “yes” or “no.”

3: You did not see the red umbrella in the crowd, did you?