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civil procedure

testimony

Definition

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

Shotgun charge

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 third-degree instruction.

Sherman Antitrust Act

Definition

A federal anti-monopoly and anti-trust statute, passed in 1890 as 15 U.S.C. §§ 1-7 and amended by the Clayton Act in 1914 (15 U.S.C.

scintilla

A hint or a spark. In common law, if there is even a trace of evidence on an issue, then the issue must be decided on the merits, and a motion for summary judgment or a directed verdict cannot succeed.

res gestae

Definition

[Latin: “things done” or “thing transacted”] The events or circumstances at issue, as well as other events that are contemporaneous with or related to them. Courts previously employed this term in order to admit otherwise inadmissible hearsay. The term has since been put to disuse by scholars and legislators.

Quotient verdict

Definition

An award of damages calculated by a jury dividing the sum of each juror's proposed award by the number of jurors. A quotient verdict is generally improper—in particular, if a jury agrees in advance to calculate its award using a quotient verdict—due to a lack of full deliberation of issues. 

Illustrative caselaw

Quasi

Definition

Latin for "as if." Commonly used as a prefix to show that one thing resembles, but is not actually, another thing. For example, a quasi-contract resembles, but is not actually, a contract.

Illustrative caselaw

See, e.g. Humphrey's Ex'r v. United States, 295 U.S. 602 (1935).

See also

Qualified witness

Definition

Under the business records exception to hearsay, a witness who lays the foundation for the admission of a company's business records into evidence. 

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