courts and procedure

Definition

To testify or confirm that something is true, genuine, or authentic. See attestation. 

Illustrative caselaw

See, e.g. Keely v. Moore, 196 U.S. 38 (1904).

See also

• Attestation clause
• Estates and trusts

Definition

Of or relating to transactions between two parties who are independent and do not have a close relationship with each other. Presumably, these parties have equal bargaining power and are not subject to undue pressure or influence from the other party.

Definition

To move towards the bench in order to have a conversation with the judge and opposing counsel off the record and/or out of the jury's earshot. An attorney or juror (during voir dire) must request to approach the bench, i.e. "Your honor, may I approach the bench?" 

Illustrative caselaw

See, e.g. People v. Maher, 675 N.E.2d 833 (N.Y. 1996).

Definition

To move towards a witness in order to show him or her a document or exhibit. In some jurisdictions, an attorney must request to approach a witness, i.e. "May I approach the witness?"

Illustrative caselaw

See, e.g. Michaels v. State, 970 A.2d 223 (Del. 2009).

Definition

In a civil or criminal case, evidence that existed at the time of a motion or trial but that could not have been discovered with reasonable diligence prior to a court ruling upon the motion or the trial's completion. Upon later discovery, a losing party may assert after-discovered evidence, a.k.a. newly discovered evidence, as grounds for a court to reconsider a motion or order a new trial. 

Definition

1) A person's, in particular a party's, statement acknowledging that a certain fact is true or silence after another party's assertion of a fact that, if false, would typically elicit a denial.

Definition

Evidence that is formally presented before the trier of fact (i.e., the judge or jury) to consider in deciding the case. The trial court judge determines whether or not the evidence may be proffered. To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).

Definition

An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review and modification by agency heads. Also termed hearing examiner; hearing officer; and trial examiner.

Definition

A standard form contract drafted by one party (usually a business with stronger bargaining power) and signed by the weaker party (usually a consumer in need of goods or services), who must adhere to the contract and therefore does not have the power to negotiate or modify the terms of the contract. Adhesion contracts are commonly used for matters involving insurance, leases, deeds, mortgages, automobile purchases, and other forms of consumer credit.

Definition

Agreement by the defendant (or the defendant's attorney) to accept papers or a complaint without having the papers served by a process server or a sheriff.  Acceptance of service is accomplished by signing a "receipt and acknowledgment of acceptance of service" (or similarly titled instrument).  This satisfies the notice requirement of due process.