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Lawyers can present evidence through witnesses being led in evidence in chief, by cross=examination of the witnesses for the adversarial party; by tendering the piece of evidence from the bar in relevant circumstances, and by referring to facts already admitted by the adversarial party.
The reason that the plaintiff is the first party to present evidence is that the plaintiff has the burden of proof. What this means is that it is the plaintiff who must prove that the defendant is liable.
In turn, the defendant tries to show that the plaintiff has fallen short of establishing the defendant's liability for any civil judgment in the plaintiff's favor.
The most common is “viva voce” evidence where a lawyer calls a witness to testify. Some types of business records can be filed if they accord with preconditions in a relevant “Evidence Act”, either federally or provincially.
Overview. Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima facie evidence."
Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.
Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
The definition of prima facie refers to the way something looks on its face, or at first glance. An example of prima facie is when a wife walks in on her husband with another woman; at first glance, it looks as if he is guilty of something just because of the circumstances.
Substantial evidence means that degree of relevant evidence which a reasonable person, considering the record as a whole, might accept as adequate to support a conclusion, even though other reasonable persons might disagree. This is a lower standard of proof than preponderance of the evidence.
Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt.
In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.
An expository essay requires the writer to research and investigate an idea, gather supporting evidence, and present a point of view or argument on the topic. This can be done through multiple methods, including compare and contrast, cause and effect, or examples. Simply put, and expository essay is a research paper.
The word “affirmative” refers to the requirement that the defendant prove the defense, as opposed to negating the prosecution's evidence of an element of the crime.
What is Conclusive Evidence? Evidence that cannot be contradicted by any other evidence. It is so strong as to overbear any other evidence to the contrary. The evidence is of such a nature that it compels a fact-finder to come to a certain conclusion.
Rebuttal is evidence or arguments introduced to counter, disprove, or contradict the opposing party's evidence or argument, either at trial or in a reply brief.
The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
The next step is to present the evidence in court. You first show the exhibit to the other party by supplying one of your copies to the party or his or her attorney. You then “lay the foundation” by having your witness or you inform the court how the evidence is relevant to the case. You must lay a foundation for an exhibit before the court will admit it. This requires a particular fact or event to occur before such an item is considered evidence. These facts and events help to show which information demonstrates that the particular exhibit is reliable and can be trusted.
Testimonial Evidence. One form of evidence that you may wish to present is testimonial evidence. This requires for you to call a witness to the stand before the judge or jury. Some common witnesses are the parties to the case, people who have records relevant to the case, experts who may provide an opinion about the case ...
Documentary Evidence. Evidence that is provided during a court proceeding is referred to as an “exhibit.”. In order to present your evidence, you must have a copy for the other party or his or her attorney. Your own copy will be provided to the court. Your documentary evidence must be able to show what it is, its origin, who produced it, ...
You must have the exhibit marked, either as required at the beginning of the hearing or just before you present the evidence to the witness. Some courts require you to ask the judge to mark the exhibit for identification. Next, provide the other side with the copy of the evidence.
Even though you do not have a legal education, a pro se plaintiff or defendant is still expected to comply with the same rules of evidence as seasoned lawyers. In federal cases, the federal rules of evidence must be followed. In state cases, state and local court rules must be followed to ensure that the judge receives relevant ...
Publishing. In jury cases , you may wish to have the jury be able to see the evidence that you just had admitted. For example, you may want them to see a picture that the witness just described. Ask the judge for permission to publish if you go this route. Provided by HG.org.
Other courts may have the clerk mark the exhibit during the proceeding. If you have evidence that contains confidential information, such as a bank account number or social security number, you may be required to block this information.
The plaintiff may also introduce physical evidence, such as photographs, documents, and medical reports.
The plaintiff presents the facts of the case and the defendant's alleged role in causing the plaintiff's damages (or reasons to find for the plaintiff) -- basically walking the jury through what the plaintiff intends to demonstrat e in order to get a civil judgment against the defendant. The defendant's attorney gives the jury ...
After both sides have presented their arguments, the judge or jury considers whether to find the defendant liable for the plaintiff's claimed damages , and if so, to what extent (i.e. the amount of money damages a defendant must pay, or some other remedy). Depending on the type of case being heard, a civil trial may not necessarily focus only on ...
Except in cases that are tried only before a judge (i.e. most family court cases), one of the first steps in any civil trial is selection of a jury. During jury selection, the judge (and usually the plaintiff and the defendant through their respective attorneys) will question a pool of potential jurors generally and as to matters pertaining to ...
Whether a witness is called by the plaintiff or the defendant, the witness testimony process usually adheres to the following formula: 1 The witness is called to the stand and is "sworn in," taking an oath to tell the truth. 2 The party who called the witness to the stand questions the witness through "direct" examination, eliciting information through question-and-answer, to strengthen the party's position in the dispute. 3 After direct examination, the opposing party has an opportunity to question the witness through "cross-examination" -- attempting to poke holes in the witness's story, attack their credibility, or otherwise discredit the witness and his or her testimony. 4 After cross-examination, the side that originally called the witness has a second opportunity to question him or her, through "re-direct examination," and attempt to remedy any damaging effects of cross-examination.
A peremptory challenge can be used to exclude a juror for any reason (even gender and ethnicity in civil cases), and a challenge for cause can be used to exclude a juror who has shown that he or she cannot be truly objective in deciding the case.
Because the plaintiff must demonstrate the defendant's legal liability based on the plaintiff's allegations , the plaintiff's opening statement is usually given first, and is often more detailed than that of the defendant.
When the plaintiff begins its case-in-chief, it will call its first witness, who, once at the witness stand, is sworn in by either the judge or the clerk of the court. Once the witness is sworn in, the plaintiff’s attorney may begin questioning the witness.
The plaintiff’s case-in-chief is the time that the plaintiff has the opportunity to present evidence in support of its position. The reason that the plaintiff is the first party to present evidence is that the plaintiff has the burden of proof. What this means is that it is the plaintiff who must prove that the defendant is liable.
Once the plaintiff rests, the jury will leave the courtroom while the parties, the judge, the attorneys, and anyone watching the trial, remain. At this point, the defendant may move the court to order a verdict in its favor. Sometimes called a “motion for a directed verdict” or “motion for judgment as a matter of law”, such a motion asks the court to dispense with either some or all of the rest of the trial. If the court grants the motion, judgment will enter for the defendant. Through such a motion, the defendant will attempt to convince the court that the plaintiff has failed to prove an element of at least one of the claims against it. Said another way, the defendant will try to convince the judge that the plaintiff has failed to establish a prima facie case for one or more of its causes of action.
Most jurisdictions limit a witness' testimony to four examinations – direct, cross, redirect and re-cross. Some jurisdictions will allow, in special circumstances, another re-direct and re-cross. Some jurisdictions also allow the judge to ask the witness questions. In a few jurisdictions, jurors are allowed to examine the witnesses through written questions.
Following the initial two questions, the other questions are leading because they suggest the answer – the witness is unable to really testify about what she knows personally. On direct examination, such a line of question is not permissible.
Case-in-Chief:#N#The "main" case put on by a party; the portion of the trial that a party presents the evidence upon the strength of which it hopes to convince the trier or fact to render a verdict favorable to its side.
Exhibits are introduced through witnesses who have personal knowledge of the particular exhibit. For example, a police officer may testify that he has knowledge about his police report, that he prepared the report, etc., after which the plaintiff’s attorney may seek to have the police report entered as an a exhibit.
1. In particular, " [t]he tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness ," and the opposing party has such an objection "where the combination of roles may prejudice that party's rights in the litigation.". Id. § 3.7 cmt. 2.
It is equally unlikely that a judge, as compared to a jury , will be unfairly influenced by the lawyer's dual roles."). Some courts have held that the attorney testimony rule applies to affidavits as well as testimony at trial.
However, in general, courts appear to be reluctant to disqualify an attorney for violating the attorney testimony rule solely on the basis of statements made in an affidavit in support of summary judgment, even where the attorney's statements go far beyond merely putting documents before the court.
It is well established that an attorney's affidavit can be used, in connection with a summary judgment motion, for the simple purpose of placing documents produced in discovery before the court. See, e.g., United States v.
Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.
Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel).
Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.
Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.
Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Amend – Improve, correct or change a complaint or other pleading. Amicus Curiae - A friend of the court. One not a party to a case who volunteers, or is asked by the court, to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it.
The judge has the discretion to deny the challenge. Distinguished from peremptory challenge, which they party can usually exercise as a matter of right. Chambers - A judge’s private office. A hearing in chambers takes place in the judge’s office outside of the presence of the jury and the public.
Because the burden of proof is on the plaintiff in a civil case, a defendant does not actually have to prove anything to avoid a jury finding for the plaintiff. If the plaintiff cannot convince the jury that the facts and allegations are more likely to be true than not, the defendant should prevail even if he presents no defense at all.
The plaintiff has the burden of proof, which means the plaintiff must convince the jury that the facts are as presented and that there is grounds for the case.
If the plaintiff does not succeed in convincing a jury the allegations are more likely to be true than false, the defendant should prevail. The burden of proof in civil litigation is lower for plaintiffs than the burden of proof is for prosecutors in a criminal case. A prosecutor has to prove a case against a defendant beyond a reasonable doubt.
This is referred to as “the burden of proof.”. If the plaintiff succeeds in persuading the jury, based on the evidence, that the allegations against the defendant are more likely to be true than not true, the plaintiff should prevail.
Civil litigation refers to the process in the legal system that allows one individual, business, or entity to pursue a legal claim against another person, business or entity. Unlike in the criminal justice system, the state is not involved in bringing charges or making claims in civil litigation. Jail time is not a remedy in a civil case, ...
America is well-known as a litigious society, but the civil justice system serves a very important purpose of helping to resolve private disputes and of giving every person or company a day in court to be heard.
Plaintiffs don’t have to make the jury 100 percent confident that everything the plaintiff says is true. Instead, as California Civil Jury Instruction 200 explains: “A party must persuade you [the jury], by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. ...