SPECIFIC FEATURES OF FUNCTIONING OF QUESTIONS IN ENGLISH LEGAL DISCOURSE

Abstract

Purpose. The article focuses on different types of questions and their functions in English legal discourse. The definition and types of questions in the light of contemporary logic, semantics and pragmatics have been reviewed.

Methods. The following research methods have been employed in the paper: linguistic observation and analysis, conversational analysis, critical discourse analysis.

Results. It has been established that alongside with the cognitive function which implies receiving new information, in legal discourse questions seem to perform a variety of specific functions including introduction of new information, verification of a given fact, checking credibility of a witness, implicit expression of a lawyer’s attitude to the situation and influencing witnesses and the court as a means of suggestiveness. Some interrogation techniques for cross-examining a witness and their linguistic manifestations have been analyzed in the paper. The author maintains that some specific types of questions, such as alternative questions, tag questions, negative questions and questions with prosodic realization, may be called leading questions. They are mainly used when cross-examining a witness. By contrast, the use of open and closed questions is more characteristic of direct examination.

Conclusions. The research highlights the fact that mastering the technique of making leading questions which are typically posed impromptu during cross-examination appears to be invaluable for a lawyer. It has been concluded that types of questions used by a lawyer in court as well as interrogation techniques are determined by the type of examination, namely direct or cross-examination. It may be accounted for by the purpose of examination, reasons of effectiveness and specifics of legislation, which proscribes the use of certain types of questions during direct examination.