Texas Surveyors Practice Exam

Under what conditions can a witness refuse to answer questions in civil disputes?

1. If the answers would lead to financial liability

2. If the answers would create criminal liability

3. If the questions are irrelevant to the case

4. If the witness is feeling unwell or unprepared

The correct answer is: If the answers would create criminal liability

A witness can refuse to answer questions in civil disputes particularly if the answers could create criminal liability. This principle is grounded in the Fifth Amendment of the United States Constitution, which protects individuals from self-incrimination. If a witness has a genuine concern that their testimony may implicate them in a criminal act, they have the right to invoke this protection and refrain from answering. This safeguard is essential in legal proceedings, allowing witnesses to avoid situations where their responses could potentially expose them to criminal charges. It underscores the balance between the necessity of obtaining complete and truthful testimony and the rights of individuals to protect themselves from adverse legal consequences. While it's true that irrelevance of questions can sometimes lead to refusal, it does not carry the same legal foundation as the potential for criminal liability. Feelings of unwellness or unpreparedness are personal circumstances that do not substantiate a legal ground for refusal. Similarly, financial implications alone do not afford a witness the right to decline to answer; the focus is on criminal rather than civil implications.