courts and procedure

weight of evidence

The weight of evidence refers to the believability or persuasiveness of evidence in terms of its probative value, not the quantity or amount. It is determined by its effect in inducing belief, rather than by mathematics. In State v. Thomas,...

weight of the evidence

Weight of the evidence refers to the believability or persuasiveness of evidence in terms of its probative value, not the quantity or amount. In State v. Thomas, weight of the evidence involved the tendency of credible evidence in the trial...

with prejudice

When a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.

The reason that dismissal...

witness

In legal proceedings, witnesses can serve as sources of evidence, offering firsthand accounts that can corroborate or refute claims made by parties involved. Their testimony can influence the outcome of a case by providing insights that might...

witness stand

The witness stand is the location in a courtroom where a witness sits or stands while giving testimony. This is usually a platform to the left and slightly below the judge's seat. A witness called to testify is said to "take the stand."...

wobbler

A wobbler is a special class of crimes involving conduct that varies widely in its level of seriousness. Wobbler statutes cover a wide range of offenses, including assault with a deadly weapon, vehicular manslaughter, money laundering, and...

Woodson v. North Carolina (1976)

Woodson v. North Carolina (1976) is the U.S. Supreme Court case holding that North Carolina’s mandatory death penalty for individuals convicted of first-degree murder violated the Eighth Amendment. Find the full opinion: Woodson v. North...

work product

Work product is material prepared in anticipation of litigation. Generally, work product is privileged, meaning it is exempt from discovery. However, there are exceptions. Work product is divided into two categories: ordinary and opinion....

World Court

The World Court, also known as the International Court of Justice (ICJ), is the principal judiciary of the United Nations (UN) and the only international court that hears disputes between nations. It was established in 1945 by the UN Charter...

writ

A writ is an order issued by a legal authority with administrative or judicial powers, typically a court. In the United States, the All Writs Act authorizes the Supreme Court and all federal courts to issue “all writs necessary or appropriate...

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