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15 S.U. L. Rev. 397 (1988)
Cross Examination: The Greatest Legal Engine for the Discovery of Truth: A Comparative Analysis of the American and English Rules of Cross-Examination

handle is hein.journals/soulr15 and id is 403 raw text is: CROSS EXAMINATION: THE GREATEST LEGAL ENGINE FOR THE DISCOVERY OF TRUTH: A COMPARATIVE ANALYSIS OF THE AMERICAN AND ENGLISH RULES OF CROSS-EXAMINATION INTRODUCTION In studying the tool of cross-examination, it becomes nec- essary to compare the two most renown rules: the American Rule, also referred to as the federal rule, with that of the Eng- lish Rule of cross-examination, oftentimes referred to as the Orthodox Rule' or Massachusetts Rule.2 Subsequently, it shall be determined, from the comparison, that one of the two methods is more effective and affords our legal structure the most efficient means of justice and equity in our courts today. The opportunity of cross-examination has long been rec- ognized as a primary safeguard for testing the completeness and accuracy of testimony.' The advantages and disadvan- tages of each method of cross-examination will be analyzed in relation to their ability to test the completeness of a witness' testimony. This comment will also briefly discuss the use of cross-examination, and the adoption of the English Rule of cross-examination in Louisiana. WHAT IS CROSS-EXAMINATION? What is cross-examination and why is it such an integral part of our court system? Cross-examination is the question- ing of a witness upon a trial or hearing, or upon taking a dep- osition, by the party opposed to the one who produced him. Briefly stated, cross-examination is the right of one party to confront testimony from an adversarial witness. The belief that cross-examination provides the most effi- 1. 5 Wigmore, Evidence §1367 (Chandbourn rev. 1974). 2. 6 Wigmore, Evidence §1885 (Chandbourn rev. 1976). 3. 3 McCormick, Evidence §19. 4. Black's Law Dictionary 276 (5th ed. 1979). 397

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