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Dictionary of Law |
hostile witness :: legal definitionHostile witness - n. technically an "adverse witness" in a trial who is found by the judge to be hostile (adverse) to the position of the party whose attorney is questioning the witness, even though the attorney called the witness to testify on behalf of his/her client. When the attorney calling the witness finds that the answers are contrary to the legal position of his/her client or the witness becomes openly antagonistic, the attorney may request the judge to declare the witness to be "hostile" or "adverse." If the judge declares the witness to be hostile (i.e. adverse), the attorney may ask "leading" questions which suggest answers or are challenging to the testimony just as on cross examination of a witness who has testified for the opposition. See also: adverse witness leading witness and Related Law Terms ↓ Related Law Termsacceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: serviceadverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom. arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons compound question :: n. the combination of more than one question into ... rate questions. See also: objection conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer. contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar evidence :: n. every type of proof legally presented at trial ... material object objection relevant examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence. offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R. pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection. testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge will :: n. a written document which leaves the estate of t ... will and testament probate testator witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Hhabeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions. half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white. harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family." headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress." heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds. hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement. |