what does it mean when a lawyer rests

Rest To cease motion, exertion, or labor. In a lawsuit, a party is said to "rest," or "rest her case," when that party indicates that she has produced all the evidence that she intends to offer at that stage and submits the case either finally, or subject to the right to offer rebutting evidence after her opponent has introduced her evidence.

Full Answer

What does it mean to rest a case in court?

In a lawsuit, a party is said to "rest," or "rest her case," when that party indicates that she has produced all the evidence that she intends to offer at that stage and submits the case either finally, or subject to the right to offer rebutting evidence after her opponent has introduced her evidence. West's Encyclopedia of American Law, edition 2.

What does rest stand for?

REST (REpresentational State Transfer) is an architectural style for developing web services.

What does it mean when the prosecution rests in a trial?

"The Prosecution Rests". It basically means the prosecution has finished presenting the evidence it has to try to prove the defendant guilty. It has finishind its case-in-chief. The defense then has the opportunity to put on evidence if it so chooses. Unlike the prosecution, the defense in a criminal trial need not put on any case at all.

What does it mean when a lawyer is retained?

When a lawyer is "retained," that means that someone has hired her, and the money paid to the attorney is known as the retainer. The agreement signed when someone hires an attorney is called the retainer agreement.

What does resting mean in court?

In a lawsuit, a party is said to "rest," or "rest her case," when that party indicates that she has produced all the evidence that she intends to offer at that stage and submits the case either finally, or subject to the right to offer rebutting evidence after her opponent has introduced her evidence.

What does it mean lawyers rest their case?

I rest my case: I have now reached the end of my argument, there is nothing else that I need to say. idiom. "I rest my case" is a formal expression used when a lawyer finishes his or her argument. It can also be used in everyday situations, however.

What does it mean when a plaintiff rests a case?

Once the plaintiff has called all of its witnesses and has presented all of its evidence, the plaintiff “rests” its case.

What does it mean to rest your case in chief?

CASE IN CHIEF Definition & Legal Meaning The portion of a trial whereby the party with the BURDEN OF PROOF in the case presents its evidence. The term differs from a rebuttal, whereby a party seeks to contradict the other party's evidence.

What happens when a case is rested?

In a lawsuit, a party is said to "rest," or "rest her case," when that party indicates that she has produced all the evidence that she intends to offer at that stage and submits the case either finally, or subject to the right to offer rebutting evidence after her opponent has introduced her evidence.

What does it mean when the prosecution rests?

What does it mean when the prosecution "rests?" It basically means the prosecution has finished presenting the evidence it has to try to prove the defendant guilty. It has finishind its case-in-chief. The defense then has the opportunity to put on evidence if it so chooses.#N#Unlike the prosecution, the defense in a criminal trial need not put on any case at all. This is because the prosecution has the burden of proof. To convict someone, the prosecution must prove the defendant is guilty beyond a reasonable doubt. Here, the prosecution must prove, beyond a reasonable doubt, that Dr. Murray committed involuntary manslaughter against Michael Jackson. (See prior posts here and here for more about the involuntary manslaughter charges.)#N#Once the prosecution has presented all the evidence it believes proves the defendant guilty, it rests its case. The defense then has the option of putting on its own case. However, the defendant need not do anything. He may simply attempt to poke holes in the prosecution's case, and argue to the jury that the prosecution did not meet its burden of proof.#N#If the jury has a reasonble doubt, whether based on weaknesses in the prosecution's case or the strength of the defense evidence or both, it must acquit. Although they need not do so, Dr. Conrad Murray's defense attorneys have indicated they intend to call witnesses in his defense. If Dr. Murray chose to testify, that would also happen during the defense case.

Why does the defense not have to put on a case?

Unlike the prosecution, the defense in a criminal trial need not put on any case at all. This is because the prosecution has the burden of proof. To convict someone, the prosecution must prove the defendant is guilty beyond a reasonable doubt.

What happens if the jury has a reasonble doubt?

If the jury has a reasonble doubt, whether based on weaknesses in the prosecution's case or the strength of the defense evidence or both, it must acquit. Although they need not do so, Dr. Conrad Murray's defense attorneys have indicated they intend to call witnesses in his defense.

Can a defense reopen a case after it has rested?

With permission of the judge (and for a good reason), either side may reopen the case after they've rested. In the normal course of things, the prosecution presents its case-in-chief, then if the defense wishes it can present its case, the prosecution can then present rebuttal evidence to respond to the defense case, and the defense can present a surrebuttal to rebut the prosecution's new rebuttal evidence, and so on. It's very rare for a case to go back and forth that much, but it can.

What is a retainer agreement?

When a lawyer is "retained," that means that someone has hired her, and the money paid to the attorney is known as the retainer. The agreement signed when someone hires an attorney is called the retainer agreement.

Why do lawyers use retainers?

In return, the lawyer performs some legal services whenever the client needs them. Retainers are most useful for business that need constant legal work, but do not have enough money to hire a lawyer full time. Also, individuals who are likely to need a lot of legal work might want to have a lawyer on retainer.

Can I pay a lawyer on call?

If you are an employee of a large company, or a member of a union, a lawyer on call may be part of your benefits. These attorneys can handle most routine legal matters, such as wills and real estate transactions, as well as certain law suits. Paying another lawyer on retainer when you already have one through your employer usually does not make ...

Do I need to pay an attorney for an accident?

Most insurance policies, including auto and homeowner's insurance, will pay for an attorney should you be involved in an accident. If this is so, there is no need to pay an attorney as additional insurance against these lawsuits. Check your employee benefits. If you are an employee of a large company, or a member of a union, ...

What happens if the defense puts on evidence?

If the defense does put on evidence, the prosecution will have the opportunity to present additional evidence after the defense rests. This evidence must contradict evidence presented during the defense’s case. For example, the prosecution might call a witness to testify that an alibi witness was lying when they said they were with the defendant at the time of the alleged crime. The defense will then be able to rebut the rebuttal if desired, and this process will continue until both sides are satisfied the jury has heard all of the necessary evidence.

What happens when the prosecution rests?

In making the motion, the defense argues that even if all of the evidence is viewed in the light most favorable to the prosecution, the prosecution still hasn’t presented legally sufficient proof for the jury to be able to legally find the defendant guilty. This motion is rarely granted, but can help lay the grounds for an appeal if the defendant is convicted.

What is the first opportunity to present evidence?

The prosecution has the burden of proof and therefore has the first opportunity to present evidence. Most evidence will be introduced by witness testimony. The prosecution will call a witness and question them in what is known as direct examination. The defense will then have the opportunity to cross examine the witness to point out inconsistencies or weaknesses in their testimony. If needed, both sides may have the opportunity to ask additional questions based on the answers the witness gave to the other side. Physical evidence may also be introduced during witness testimony or another legally permissible time during the prosecution’s case.

What is a pretrial motion?

Pretrial Motions. During pretrial motions, the judge will decide whether certain evidence may be legally used at trial. At this time, a criminal defense attorney will raise constitutional objections such as illegal searches or coerced confessions. Both sides may also argue that proposed evidence is either unnecessarily inflammatory or ...

Why are summations called closing arguments?

Summations. Summations are also called closing arguments because both sides have the opportunity to argue to the jury why it should find in their favor. The lawyers will summarize all of the evidence presented in the case and why it supports their theory.

How many jurors are there in a trial?

When there are six to 12 jurors who no one has objected to, the jury will be seated and the trial will move forward.

How long can a person be held in custody?

Depending on the severity of the crime they were convicted of and the potential sentence, the defendant may be held in custody until sentencing or be released until the sentencing date.

How does a retainer trust work?

Attorneys are legally and ethically obligated to deposit your retainer fee in special trust accounts, not in their business accounts. An attorney will then transfer funds from that account into her business account periodically as the case progresses—usually on a monthly basis.

How do attorneys set their fees?

Attorneys set their fees based on a number of factors, including the amount of work the attorney will need to do for your case and the complexity of the case. Some factors that determine the amount of the fees are: 1 The billing rates for each level of professional working for your business, based on each person's experience, specialty area, and their level (partner, associate, paralegal, for example) 2 Novelty and complexity of the issues 3 The difficulty of problems encountered 4 The extent of the responsibility involved 5 The result achieved, and 6 The efficiency of the work, and customary fees for similar legal services. 1 

What is the most common pay arrangement?

The most common pay arrangements are: Contingency fees . In this case, the lawyer gets a percentage of what you receive if the case is decided in your favor. If you lose the case, your attorney gets nothing, but they may still charge for their costs. Contingency fee percentages are negotiable. Flat fee.

What is retainer in legal?

A retainer is paid in advance, for legal services that will be rendered. When you talk to an attorney about a retainer you may discuss one of three different types: General retainers are fees for a specific period of time, not a specific project.

Why do you pay an attorney on retainer?

For example, you may want an employment attorney on retainer to help you deal with issues that come up with employees. A retaining fee is a deposit or lump-sum you pay in advance.

Why is retainer arrangement important?

The retainer arrangement is also beneficial for the client because it provides an estimated budget for legal fees.

What is retaining fee?

A retaining fee is a deposit or lump-sum you pay in advance. The attorney must (by law) deposit that money in a trust account to draw from as work is done. If there is money left in the trust account at the end of the project, you get that back.

What is bail in court?

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.

What is an appeal bond?

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.

What is an affidavit of insolvency?

Affidavit of Insolvency - A detailed form signed by the defendant, under oath, attesting to his/her indigency (inability to pay for private legal counsel).

What is an arrest warrant?

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.

What is an appeal in civil court?

Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.

What does amend mean in court?

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.

What is the meaning of aid and abet?

Aid and Abet - To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime. Alford Plea - A plea to a criminal charge that does not admit guilt, but admits that sufficient evidence exists to obtain a conviction.

Alternatives to REST

Alternate technologies for creating SOA -based systems or creating APIs for invoking remote microservices include XML over HTTP (XML-RPC), CORBA, RMI over IIOP and the Simple Object Access Protocol (SOAP).

REST vs. SOAP

The two competing styles for implementing web services are REST and SOAP. The fundamental difference between the two is the philosophical approach the two have to remote invocations.

REST development

Most programmers are familiar with the way URLs and URIs work on the web. A RESTful approach to developing applications asserts that requesting information about a resource state should be as simple as invoking its URL.

REST and the IoT

Given the near ubiquity of REST APIs and the explosive number of devices on the internet of things ( IoT ), it seems to be a perfect pairing. Compact formats based on JSON, EXI and CBOR (Concise Binary Object Representation), a JSON offshoot, are used and RESTful APIs are likewise compact.

History of REST

REST was first coined by computer scientist Roy Fielding in his year 2000 Ph.D. dissertation at the University of California, Irvine, titled "Architectural Styles and the Design of Network-based Software Architectures."

How to understand Psalm 95?

We will look more carefully at these terms in a moment. The second is to understand how the psalmist connected the dots – how he understood and applied Israel’s failure to enter into rest to his own day. We should learn how to interpret and apply Scripture from the Scriptures. What better way to understand our text than to grasp how the psalmist came to his interpretation and application. The third key is to understand how our author interpreted and applied the lessons of Psalm 95 to his day . Surely his method of interpreting and applying Scripture is instructive to us as to how we should understand and apply Hebrews 3 and 4 today.

What is the first rest mentioned in the Bible?

The first rest mentioned is the “rest” the first generation of Israelites failed to enter, namely entrance into the Promised Land and rest from its enemies ( Hebrews 3:11 ). Then there was the “rest” to which the psalmist referred in Psalm 95 that was available in his time ( “today” ).

What chapter in the Bible talks about God speaking?

Overview of Chapters 1-4. The Book of Hebrews begins with the declaration that while God has spoken in various ways through the Old Testament prophets, He has now spoken fully and finally in His Son ( Hebrews 1:1-4 ). The Son is characterized by a seven-fold description (verses 1-4), which is then buttressed by citations from Old Testament texts ...

What was the reason for Israel's unbelief and disobedience?

Belief in God’s Word is the key to “rest” (4:3), just as “unbelief” is the reason why men fail to enter into God’s rest (3:19).

What is the absence of faith in the Bible?

Faith is also known as belief, just as the absence of faith is unbelief. Faith is a key concept in the Book of Hebrews, as will be dramatically evident when we get to chapter 11. It is an evil heart of unbelief that falls away from the living God (3:12, see also verse 19), while those who enter God’s rest do so by faith (4:3). Unbelief leads to a hardened heart, which leads to rebellion and divine discipline.

What is God's word in the Bible?

God’s Word is a key ingredient in the Book of Hebrews (as we will point out in our next lesson), although it is referred to by means of several different expressions. In addition to being called “the Word of God,” (4:12), it is sometimes referred to as “what God has spoken” (1:1-3), “what we have heard” (2:1), or “good news” (4:2). It is even referred to as “so great a salvation” (2:3) and as “God’ s voice” (3:7).

What is the argument in chapter 3?

There are two keys to understanding the argument of chapters 3 and 4. The first is the superiority of the Son – Jesus Christ – to Moses. This is introduced in 3:1-6. The second is the superiority of the rest which Jesus has achieved to the “rest” which Israel, under the leadership of Moses, did not attain (indeed, a rest to which Moses himself did not attain). This superior rest is the focus of verses 7-19. A few observations of these verses will prove helpful when we come to our text in chapter 4.

Pretrial Motions

Jury Selection

Opening Statements

The Prosecution’S Case

Motion For Judgment of Acquittal

• When the prosecution rests, the defense always moves for a judgment of acquittal. In making the motion, the defense argues that even if all of the evidence is viewed in the light most favorable to the prosecution, the prosecution still hasn’t presented legally sufficient proof for the jury to be able to legally find the defendant guilty. This motio...

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The Defense’S Case

Rebuttal

Summations

Jury Deliberations

Verdict