criminal law and procedure

alibi

Alibi as a noun is defined as a defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred.

For example, A could not confirm B’s alibi that B was at the dentist office at...

alibi witness

An alibi witness is a witness that a criminal defendant calls upon to establish that they were somewhere other than at the scene of the crime at the time it occurred. It essentially allows the defendant to present evidence suggesting that...

allegation

An allegation is defined as a claim of fact not yet proven to be true. In a lawsuit, a party puts forth their allegations in a complaint, indictment or affirmative defense, and then uses evidence at trial to attempt to prove their truth....

Allen charge

Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict. Allen charges are controversial as some claim they overly...

allocution

Allocution is the direct address between the judge and the convicted defendant prior to sentencing. During the address, the judge speaks directly to the defendant and asks if the defendant has anything to add prior to hearing the sentence....

alternative pleading

Alternative pleading is a form of pleading that allows a party to allege two or more claims which are inconsistent with each other. Alternative pleading is fundamental to the United States court system.

During a lawsuit...

anchoring

In negotiations, “anchoring” refers to the common tendency of giving undue weight to the first value or number put forth, and to then inadequately adjust from or counter the first value or number, or the “anchor.”

Thus the...

answer

An answer is a reply to a question or a solution to a problem.

In law, an answer refers to a defendant’s first formal written statement to a plaintiff’s initial petition or complaint. This opening written statement will...

anti-contact rule

The anti-contact rule, also known as rule 4.2 of professional conduct, is a rule prohibiting lawyers from discussing subject matter of any case they’re working on with someone the lawyer knows to be represented by another lawyer in the matter...

anticipatory warrant

An anticipatory search warrant is a warrant that is based on an affidavit that shows probable cause that evidence of a particular crime (such as forged checks) will be at a specified location at some time (however not presently) in the future...

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