Circumstantial evidence is indirect evidence that does not, on its face, prove a fact in issue but gives rise to a logical inference that the fact exists. Circumstantial evidence requires drawing additional reasonable inferences in order to...
evidence
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“Clear and convincing evidence” is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet...
(LIIBULLETIN preview (pre-2014))
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May a district court certify a class action without resolving “merits arguments” that bear on Federal Rule of Civil Procedure 23’s prerequisites for certification, including whether...
(Wex page)
A cross-examination is the act of the opposing party questioning the witness during a trial. Generally, a witness is initially questioned by the party who called them to the stand on direct examination. Afterwards, the opposing party can...
(LIIBULLETIN preview)
Petitioners, twin brothers Los and Roosevelt Dahda (collectively “the Dahda brothers”), joined a drug-distribution network as importers and dealers. Petition for Writ of Certiorari, at 3a, 35a. Los was responsible for driving money from Kansas to...
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The “Daubert Standard” provides a systematic framework for a trial court judge to assess the reliability and relevance of expert witness testimony before it is presented to a jury. Established in the 1993 U.S. Supreme Court case Daubert v....
(LIIBULLETIN preview)
At 11:54 a.m. on February 1, 2001, a 911 operator in Kent, Washington, picked up a call only to hear a dial tone — the party on the other end had hung up before speaking. Brief for Respondent at 1, State v. Davis, 154 Wash.2d 291, 295...
(Wex page)
A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."
Oral... (Wex page)
Under Rule 106 of the Federal Rules of Evidence, when an incomplete writing or recorded statement is introduced in a trial by one party, the adverse party may require the introduction of any other parts or any other writing or recorded...
(Wex page)
A dying declaration is defined as a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant's death), who made the statement under a belief of certain or impending death. The statement must...