civil procedure

Definition

1) In evidence  

The basis for admitting testimony or evidence into evidence. For example, an attorney must lay a foundation in order to admit an expert witness' testimony or a company's business records into evidence. Laying a foundation establishes the qualifications of a witness or the authenticity of evidence. 

2) Fund or endowment

A fund or endowment established for a benevolent purpose, such as charity, religion, education, or research.

Definition

A subjective test with which a court weighs competing interests, e.g. between an inmate's liberty interest and the government's interest in public safety, to decide which interest prevails.

Illustrative caselaw

See, e.g. Wilkinson v. Austin, 545 U.S. 2009 (2005).

See also

• Bright-line rule

Definition

An objective rule that resolves a legal issue in a straightforward, predictable manner. A bright-line rule is easy to administer and produces certain, though, arguably, not always equitable results. 

Illustrative caselaw

See, e.g. Montejo v. Louisiana, 129 S.Ct. 2079 (2009).

See also

• Balancing test

Definition

See year and a day.

Illustrative caselaw

See, e.g. Rogers v. Tennessee, 532 U.S. 451 (2001).

See also

• Year and a day rule

Definition

See attorney of record.

See hung jury.

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

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

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.