courts and procedure

Definition

Against. Abbreviated as v. and vs. Used in case names, e.g. McDonald v. Chicago, 130 S.Ct. 3020 (2010). 

Definition

Also called a qui tam action. See qui tam.

Decision

Historically, the highest court in England during the reign of a king (called the Queen's Bench during the reign of a queen). Also called Court of King's Bench and Coram Rege Court. Abbreviated as K.B.

Illustrative caselaw

See, e.g. Crawford v. Washington, 541 U.S. 36, 45 (2004) (discussing a 1696 King's Bench decision).

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

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

See hung jury.

Definition

See after-discovered evidence.

Definition

The Supreme Court case that established the power of judicial review.

During President John Adams’ lame duck session of his presidency, he appointed Marbury as a justice of the peace and signed the commission. Soon thereafter, Thomas Jefferson became President of the United States and refused to allow Secretary of State James Madison to deliver the commission to Marbury.

Definition

An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U.S. Supreme Court upheld their use in Allen v. U.S., 164 U.S. 492 (1896).