evidence

aggravating factor

An aggravating factor refers to circumstances surrounding a crime or tort that are sufficient to raise its severity and punishment to the aggravated version of the offense. Aggravating factors are typically laid out by statute and vary...

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...

ancient document rule

The ancient document rule is one of the methods available to authenticate evidence for trial under the Federal Rules of Evidence.

Under the rule, if a document is (1) more than 20 years old; (2) is regular on its face with...

attest

Attest means to testify or confirm that something is true, genuine, or authentic. Some common usages of the term “attest” in a legal sense include:

In the context of evidence law, cases such as this one from Ohio, explain...

attestation

Attestation is a kind of testimony or confirmation. It is customary to sign a deed, make a will or sign other written documents in the presence of a witness who also signs the document to attest to its contents and the authenticity of the...

attestation clause

An attestation clause is a provision at the end of an instrument, especially a will, that is signed by witnesses and recites the formalities required to make the instrument effective. A formal attestation clause itself can serve as prima...

attorney work product

Attorney work product is documents and other tangible things prepared in anticipation of litigation by or for a party or representative.

See: Fed. R. Civ. P. § 26(b)(3); and Hickman v. Taylor, 329 U.S. 495 (1947).

...

attorney work product privilege

The work-product privilege (or “work-product doctrine”) protects from discovery by the opposing party "documents and tangible things that are prepared in anticipation of litigation or for trial." Federal Rule of Civil Procedure 26(b)(3)(A)....

attorney-client privilege

Attorney-client privilege protects confidential communications between a lawyer and their client that relate to the client's seeking of legal advice or services. This protection extends to any information exchanged during these privileged...

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