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Dictionary of Law |
evidence :: legal definitionEvidence - n. every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial). It also includes so-called "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact. Comments and arguments by the attorneys, statements by the judge and answers to questions which the judge has ruled objectionable are not evidence. Charts, maps and models which are used to demonstrate or explain matters are not evidence themselves, but testimony based upon such items and marks on such material may be evidence. Evidence must survive objections of opposing attorneys that it is irrelevant, immaterial or violates rules against "hearsay" (statements by a party not in court), and/or other technicalities. See also: circumstantial evidence demonstrative evidence deposition hearsay material object objection relevant and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence adverse 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 Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales. closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will 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 corporation :: n. an organization formed with state governmental ... ation public corporation securities demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery direct evidence :: n. real, tangible or clear evidence of a fact, hap ... o: circumstantial evidence evidence direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal documentary evidence :: n. any document (paper) which is presented and all ... evancy. See also: document evidence ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing. examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud 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 hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence 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 insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence 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 last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal 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 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 opening statement :: n. the explanation by the attorneys for both sides ... rgument. See also: closing argument overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today." promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence refresh one's memory :: v. to use a document, exhibit or previous testimon ... it is genuine). See also: testimony relevant :: adj. having some reasonable connection with, and i ... nt." See also: irrelevant objection retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees. 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 sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness 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 transcript :: n. the written record of all proceedings, includin ... unless transcription is requested. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure 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 :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will 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 - Eearnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.easement :: n. the right to use the real property of another f ... rstandings at the time of creation. egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress." EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents. ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation. elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02) election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. election under the will :: n. in those states which have statutes which give ... arries) left to her under his will. eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution. element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support. embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust. emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate. emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property. eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held. emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment |