evidence

Brady Rule

Brady Rule

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is...

Burden of allegation

A plaintiff must make sufficient assertions of fact in the initial pleading to support a cause of action against a defendant. A party seeking to raise an issue at trial generally bears the burden of proof as to such issue.

Also referred to as "...

Burden of persuasion

The obligation of a party to introduce evidence that persuades the factfinder, to a requisite degree of belief, that a particular proposition of fact is true. In civil cases, a party's burden is usually "by a preponderance of the evidence." In...

Burden of production

A party's obligation to come forward with sufficient evidence to support a particular proposition of fact. Satisfying the burden of production may also be referred to as establishing a prima facie case. Determining whether a party has satisfied its...

Burden of Proof

Overview

Generally, describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards in different circumstances. For example, in criminal cases, the burden of proving...

Business record exception

Under the Federal Rules of Evidence, Rule 803(6) establishes an exception to the hearsay rule. Under this rule, a party could admit any records of a business (1) that were made in the regular course of business; (2) that the business has a regular...

business records exception

Also known as the Business Entry Rule, this exception to the evidentiary rule (which excludes hearsay from a trial) allows buisness records to be admitted if the proper foundation is laid to show the document is reliable.

The Business...

Calumny

Definition from Nolo’s Plain-English Law Dictionary(cal-um-nee) Maliciously misrepresenting another's words or acts, causing injury to that person's reputation; or falsely charging another with a crime.

Definition provided by Nolo’s Plain-English Law...

Carnal Knowledge

Definition from Nolo’s Plain-English Law DictionarySexual intercourse between a male and female in which there is at least some slight penetration of the woman's vagina by the man's penis. Carnal knowledge is a necessary legal part of many sexual crimes....

Character Evidence

Evidence regarding the moral standing of a person in a particular community based on the reputation of that person.

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