Oral argument: Oct. 5, 2009
Appealed from: United States Court of Appeals for the Eleventh Circuit (Aug. 26, 2008)
EVIDENCE, DISCLOSURE, CONFIDENTIALITY, ATTORNEY-CLIENT PRIVILEGE, COLLATERAL ORDER...evidence
(LIIBULLETIN preview)
Michael Musacchio was the president of Exel Transportation Services (“ETS”), a transportation brokerage company, until his resignation in 2004. See United States v. Musacchio, 590 Fed. Appx. 360, 360 (5th Cir. 2014). In 2005, Musacchio started Total...
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Past recollection recorded is an exception to the hearsay rule and is detailed in the Federal Rules of Evidence, Rule 803(5). This rule allows a memorandum or record of an event to be read into evidence if the record:
Is on a matter... (LIIBULLETIN preview)
At approximately 3:00 a.m. on August 15, 2008, the Nashua Police Department responded to a report that a black man was trying to enter vehicles in a parking lot behind an apartment building. See Brief of Petitioner at 2. Officer Nicole Clay arrived at...
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Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a proposition by the preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.
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Present recollection refreshed is a type of aid available to a witness during their testimony; the other type of aid is past recollection recorded. Rule 612 of the Federal Rules of Evidence addresses present recollection refreshed.
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Under the Federal Rules of Evidence, a present sense impression is a statement that describes an event while it was occurring or immediately thereafter.
The Ohio Supreme Court cited Rule 803(1) of the Federal Rules of...
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Prima facie is a Latin term that translates to “at first sight” or “based on first impression.” The phrase “prima facie” is used as an adjective or an adverb. As an adjective, prima facie describes a fact or presumption that is sufficient to...
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A process used at trial after a witness's credibility has been attacked through impeachment to rehabilitate the witness's credibility. A witness is rehabilitated either by introducing evidence of the witness's good character for truthfulness and...
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Evidence that has some tendency to prove or disprove a particular disputed fact.
See relevant.
[Last updated in November of 2021 by the Wex Definitions Team]