courts and procedure

Definition

A Supreme Court case that held that federal courts could hear cases that claimed that malapportionment of state legislatures violated the Equal Protection Clause of the Constitution.

Definition

A witness whose testimony is clearly biased in favor of the party for whom he or she is testifying. 

Illustrative caselaw

See, e.g. Mayes v. Gibson, 2010 F.3d 1284, 1291 (10th Cir. 2000).

See also

• Witness

Definition

Persons who form a venire; prospective jurors.

Illustrative caselaw

See, e.g. Skilling v. United States, 130 S.Ct. 2896 (2010) (Sotomayor, J., dissenting in part).

See also

Definition

An attorney, acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.

Definition

An activity or process that presents an unavoidable risk of serious harm to the other people or others’ property, for which the actor may be held strictly liable for the harm, even if the actor has exercised reasonable care to prevent that harm.

Definition

A court of original jurisdiction where evidence and testimony are first introduced, received, and considered. Findings of fact and law are made in the trial court, and the findings of law may be appealed to a higher court that has the power of review.

A trial court of general jurisdiction may hear any civil or criminal case that is not already exclusively within the jurisdiction of another court.

Definition

The offense of betraying one’s own country by attempting to overthrow the government through waging war against the state or materially aiding its enemies. Also termed high treason; alta proditio.

According to the United States Constitution, Article III, § 3, “Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort.

Definition

A person who is neither a promisor nor promisee in a contractual agreement, but stands to benefit from the contract’s performance.

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and shotgun charge.

Definition

Oral or written evidence given by a competent witness, under oath, at trial or in an affidavit or deposition.