An analysis of the trial in the examination before a court of the facts or laws

Legal Terms Glossary

There are to be no secret witnesses, and no trial witnesses identified but excused from giving live testimony. The laws of the several states require the private examination of a feme covert before a competent officer, in order to pass her title to her own real estate or the interest she has in that of her husband: The chief judge also decides cases, and the choice of chief judges is determined by seniority.

She may question the witness about previous instances in which he lied or acted deceitfully, in an effort to suggest that the witness is the kind of person likely to lie or shade the truth. T temporary restraining order - Prohibits a person from an action that is likely to cause irreparable harm.

It must be reduced to writing. It is based on court decisions rather than statutes passed by the legislature. The effect is rarely, if ever, that depicted in the movies or on television, when the browbeaten witness collapses on the stand and admits having committed the crime himself. The rationale for the rule is that a fact-finder ought not to rely on the truth of a statement that someone made when no one had a chance to cross-examine him.

Nevertheless, a good cross-examination can still be quite dramatic. Thus, the defendant can choose not to take the stand, or the defendant can choose to take the stand but not answer certain questions that would self-incriminate. They are then said to be sitting en banc. Some precedent is binding, meaning that it must be followed.

Then, the defense presents its witnesses and evidence. Constitution to protect the right to a jury sentencing trial for all defendants facing the death penalty. In some cases, state courts can decide these issues, too, but the cases can always be brought in federal courts.

Interrogatories are a part of discovery in a lawsuit. Sometimes, a guilty plea could later be used to show fault in a lawsuit, but the plea of nolo contendere forces the plaintiff in the lawsuit to prove that the defendant committed the crime.

Hearsay is usually not admissible as evidence in court, but there are many exceptions to that rule. Protection of the right to cross-examine: During an arraignment, a judge calls an individual charged with committing a crime, reads to the individual the criminal charges against laid against him or her, asks the accused whether the accused has access to an attorney or needs the assistance of a court-appointed attorney, asks the accused to plead, decides whether to amend the initial bail amount, and sets the dates of future proceedings.

Other Types of Appeals A litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of the agency decision by a court of appeals. New BrunswickN. Constitution or the Federal Rulesbut may not offer less protection than guaranteed by the U.

Vide Cross-examination; Leading question. And the style of cross-examination is calculated to achieve this goal. The interrogation of a witness, in order to ascertain his knowledge as to the facts in dispute between parties.

D damages - Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Want to thank TFD for its existence? In trial practice, the interrogation of a witness to elicit his or her testimony in a civil or criminal action, so that the facts he or she possesses are presented before the trial of fact for consideration.


A pre-trial hearing is the next step in the process. The certificate of the magistrate is conclusive evidence of the manner in which the examination was conducted.The losing party in a decision by a trial court in the federal courts normally is entitled to appeal the decision to a federal court of appeals.

The Process Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. reviews the facts of a case offered by opposing counsels and makes an impartial decision as to the guilt of the defendant(s).

The jury is a legal order requiring a. She may confront the witness with statements the witness made before trial that are inconsistent with the witness's direct testimony. She may challenge the witness's ability to have perceived the events in question, or to have remembered them.


recognizes the value of in-court cross-examination only by implication, criminal defendants can. Breadcrumbs. Courts; Learn about Indiana's Court System; Current: ; What is the Difference Between Trial Courts and Appellate Courts? What is the Difference Between Trial Courts and Appellate Courts?

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Criminal Procedure

HOW TO PREPARE FOR A LANDLORD-TENANT TRIAL Housing Court trial. It does not discuss all the legal issues that may come up before the court in any particular trial.

The purpose of the booklet is to give you general information to make it This is called cross-examination. Sometimes a Judge may ask some questions to clarify .

An analysis of the trial in the examination before a court of the facts or laws
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