Dictionary of Law
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witness :: legal definition


Witness - 1) n. a person who testifies under oath in a trial (or a deposition which may be used in a trial if the witness is not available) with first-hand or expert evidence useful in a lawsuit. A party to the lawsuit (plaintiff or defendant) may be a witness. 2) n. a person who sees an event. 3) n. a person who observes the signing of a document like a will or a contract and signs as a witness on the document attesting that the document was signed in the presence of the witness. 4) v. to sign a document verifying that he/she observed the execution of the document such as a will.

See also: deposition evidence trial will and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
attest :: v. 1) to confirm (usually in writing) that a docum ... also: holographic will will witness
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
declaration of mailing :: n. a form stating that a particular document has b ... other party. See also: declaration
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
discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories
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
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
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
holographic will :: n. a will entirely handwritten, dated and signed b ... lost in the desert. See also: will
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
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
jurat :: (jur-at) n. Latin for "been sworn," the portion of ... wledgment declaration notary public
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
material witness :: n. a person who apparently has information about t ... e. See also: material trial witness
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
personal service :: n. delivering a summons, complaint, notice to quit ... process substituted service summons
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
refresh one's memory :: v. to use a document, exhibit or previous testimon ... it is genuine). See also: testimony
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
sign :: v. 1) to write one's signature on a document, incl ... language. See also: mark subscribe
subpena :: (subpoena): (suh-pea-nah) n. an order of the court ... ubpena duces tecum subpoena witness
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
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
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
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.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
will :: n. a written document which leaves the estate of t ... will and testament probate testator

Popular Law Searches

legal 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 - W

waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive
wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained.
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant
warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers.
widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband.
widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried.
widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will
will :: n. a written document which leaves the estate of t ... will and testament probate testator
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully
willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful