Words Related to lawyer. cocounsel. district attorney, prosecuting attorney, prosecutor, solicitor. criminal lawyer, mouthpiece [slang], public defender, trial lawyer. solicitor. jurist. lawgiver, lawmaker, legislator, solon. ambulance chaser, pettifogger, Philadelphia lawyer, shyster.
to solemnly or formally reject or go back on (as something formerly adhered to) I take back what I said about her: she's not the fool I thought she was Synonyms for take back
Situations that could give rise to an attorney's mandatory withdrawal from a case include: the attorney is not competent to continue the representation. the attorney becomes a crucial witness on a contested issue in the case. the attorney discovers that the client is using his services to advance a criminal enterprise.
Petitioner: Another word for plaintiff, the person starting the lawsuit. Plaintiff: The person who sues or starts a civil case, also called the petitioner or the complainant. Plea: An accused persons answer to a criminal charge. For example: not guilty; guilty; no contest.
Search Legal Terms and Definitions Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.
overrule. v. 1) to reject an attorney's objection to a question to a witness or admission of evidence. By overruling the objection, the trial judge allows the question or evidence in court. If the judge agrees with the objection, he/she "sustains" the objection and does not allow the question or evidence.
When the trial judge overrules the objection, the trial judge rejects the objection and admits the evidence. On the other hand, sustaining the objection means that the trial judge allows the objection and excludes the evidence.
If a judge sustains the objection, it means that the judge agrees with the objection and disallows the question, testimony or evidence. If the judge overrules the objection, it means that the judge disagrees with the objection and allows the question, testimony or evidence.
Overruling should not be confused with 'reversing', which is the procedure by which a superior court in the hierarchy reverses the decision of a lower court in the same case.
The Three Most Common Objections Made During Trial TestimonyHearsay. A common, if not the most common trial objection to a trial testimony objection is hearsay. ... Leading. A close second objection is to leading questions. ... Relevancy. The last of the three (3) of the most common objections is relevancy.
Definition of overturn the decision of a court. : to disagree with a decision made earlier by a lower court The appeals court overturned the decision made by the trial court.
Definition. Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.
An objection is when a party thinks that the other party is not following the rules of evidence or the rules of court. In this situation, that party can formally raise the issue with the judge who is hearing the matter and ask the judge for the appropriate remedy (for example, excluding inadmissible evidence).
Argumentative objections are often made when the questions directed to the witness attempt to influence the witness' testimony by inserting the attorney's (or self-represented party's) interpretation of the evidence into the question.
“Objection Your Honor, that testimony constitutes hearsay” – if the question itself was. proper, however the witness gave testimony that consisted of hearsay, you would make. the objection in this manner. “Your Honor, I believe this testimony is admissible and does not constitute hearsay.
Some of the most common objections are discussed below.Irrelevant evidence. Under the rules of evidence, only 'relevant' evidence can be admitted in court. ... Opinion evidence. ... Hearsay evidence. ... Tendency and coincidence evidence.
2. Sustained If a judge “sustains” an objection, he or she is agreeing with it, telling the lawyer who asked the question to drop it and move on. 3. Overruled When a judge overrules an objection, he is telling the witness to go ahead and answer the question. 4.
Recess A recess is a short break from a trial (not to be confused with an adjournment, which is a long break from a trial). Unfortunately, most courthouses do not have adjoining playgrounds, so lawyers tend to spend recesses doing whatever they have to do to continue the trial.
Habeas Corpus Habeas Corpus is Latin for “you have the body,” which sounds ominous, but it is actually one of the most fundamental rights of a citizen. When a writ of habeas corpus is presented to a judge, it means that someone who has imprisoned another person has to show the legal basis for that imprisonment.
Recusal: A recusal is the voluntary action by a judge or prosecutor to remove themselves from presiding in a case. Recusals are often based on things like bias, conflict of interest or prejudice—for example, a state prosecutor may choose to recuse from a proceeding if the case is against their former employer.
Case law is a way of citing legal precedent. Civil case vs. criminal case: The most commonly cited distinction between civil and criminal cases is that the latter are generally offenses ...
Affidavit: A term you’ve likely heard referenced often, an affidavit is simply a written or printed statement made under oath.
Probate: The process of administration of the estate of a dead person is referred to as probate. As such, the appropriate court for handling estate matters is called probate court. Quash: A motion to quash essentially asks the judge to annul or set aside a specific action.
jury trial: While a jury trial is exactly what it sounds like—a traditional court trial in which the case’s outcome is decided by a jury of peers—a bench trial is a trial in which the judge fulfills the role of the jury.
summons: While both entail a requirement for the recipient to appear in court, a subpoena is a process that directs a witness to give testimony or submit evidence, while a summons is a document that orders a person to appear before the court in response to a complaint.
If the defendant pled “not guilty,” then the judge will use the pretrial hearing to set a date for the trial. Additionally, this hearing allows legal teams to challenge the permissibility of evidence, come to settlement agreements and discuss other important pretrial matters.
Action: Also called a case or lawsuit. A civil judicial proceeding where one party sues another for a wrong done, or to protect a right or to prevent a wrong. Adjournment: Postponement of a court session until another time or place. Adjudication: A decision or sentence imposed by a judge.
Deposition: Testimony of a witness taken, under oath, in response to another party's questions. Testimony given outside the courtroom, usually in a lawyer's office. A word for word account (transcript) is made of the testimony.
Annulment: A court order declaring that a marriage is invalid. Answer: A court document, or pleading, in a civil case, by which the defendant responds to the plaintiff's complaint. Appeal: Asking a higher court to review the decision or sentence of a trial court because the lower court made an error.
Court Trial: Trial by a judge, rather than by a jury. Crime Victim Compensation Program: Awards money to crime victims and their families for medical, mental health, dental, funeral expenses, lost wages and loss of support. Cross-Examination: Questioning by a party or the attorney of an adverse party or a witness.
Assistant Attorney General: An attorney who represents a state agency in civil cases. Attachment: A lien on property or assets to hold it to pay or satisfy any final judgment. Attorney of Record: Attorney whose name appears in the permanent records or files of a case.
Jurisdiction: Power and authority of a court to hear and make a judgment in a case. Juror: Member of a jury. Jury Charge: The judge's formal instructions on the law to the jury before it begins deliberations. Jury Instructions: Directions given by the judge to the jury concerning the law of the case.
Alternative Sanctions: Criminal punishment that is less restrictive than incarceration. Amicus Curiae brief: A Latin term meaning “friend of the court.”. An Amicus Curiae brief is filed by someone who is not a party to a case but has an interest in its outcome.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
the client is refusing to pay the attorney for his or her services in violation of their fee agreement. the client is refusing to follow the attorney's advice. the client is engaged in fraudulent conduct, and.
When an attorney withdraws in the middle of a client's case, that withdrawal is usually categorized as either "mandatory" or "voluntary." In this article, we'll explain the difference between these two processes, along with some examples of each. Keep in mind that with either type of withdrawal, the attorney usually needs to ask for and obtain the court's permission before ending representation of one of the parties in a civil lawsuit in the middle of the case.
the attorney is not competent to continue the representation. the attorney becomes a crucial witness on a contested issue in the case . the attorney discovers that the client is using his services to advance a criminal enterprise. the client is insisting on pursuit of a frivolous position in the case. the attorney has a conflict of interest ...
The attorney must cooperate with the client's new counsel and must hand the client's complete file over as directed. An attorney who has withdrawn from representation has a continuing professional obligation to maintain the confidentiality of all matters within the attorney-client relationship, so for example the attorney cannot become ...
An Attorney's Mandatory Withdrawal. If the circumstances require that the attorney withdraw from representation, the withdrawal is considered mandatory. Situations that could give rise to an attorney's mandatory withdrawal from a case include: the attorney becomes a crucial witness on a contested issue in the case.