EVIDENCE LAW

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Overview

An avowal is a declaration made by an attorney during the trial process. This is an open declaration by an attorney representing a party in a lawsuit, made after the jury has been removed from the courtroom, that requests the admission of...

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Definition

According to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue; the fact finder must be convinced that the...

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Definition

This is the standard used by a trial judge to assess whether an expert witness’s scientific testimony is based on scientifically valid reasoning that which can properly be applied to the facts at issue.

Overview

This standard...

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Definition

A dying declaration is 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 also...

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A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its "fruit." The ...

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Definition

Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.  

Overview

Hearsay evidence is often inadmissible at trial.  However, many exclusions and exceptions exist.  

For...

(LIIBULLETIN preview)

On August 27, 1998, seven police officers went to Petitioner Booker T. Hudson’s (“Hudson”) Detroit, Michigan home to execute a search warrant. Hudson, Booker v. Michigan, 2005, Medill School of Journalism, at<http://docket.medill....