The rule of lenity is a principle used in criminal law, also called rule of strict construction, stating that when a law is unclear or ambiguous, the court should apply it in the way that is most favorable to the defendant, or to construe the...
trial process/advocacy
self-incrimination
Self-incrimination is the intentional or unintentional act of providing information that will suggest your involvement in a crime, or expose you to criminal prosecution.
The Fifth Amendment provides protection to individuals...
self-serving
Self-serving, in a legal context, refers to a statement or answer to a question that serves no purpose and provides no evidence, but only argues or reinforces the legal position of a particular party in a lawsuit. The courts have consistently...
Sherman v. Sherman, 330 N.J. Super. 638 (Ch.Div. 1999)
Sherman v. Sherman, 330 N.J. Super. 638 (Ch.Div. 1999), is a case regarding who controls the disposition of a corpse, with the court applying state legislation instead of common law principles on disposition.
Background...
sounds in
Sounds in refers to an underlying legal basis or cause of action in a lawsuit. For example, a tort claim sounds in tort, and a contract claim sounds in contract.
This case from Georgia, shows the use of the phrase “sounds...
speaking objection
Many states have rules and statutes that provide that an objection made in court or in a deposition must be made specifically and concisely rather than in an argumentative or suggestive manner. Objections made in violation of these rules are known as...
success billing
Success billing is a method for lawyers to bill and charge clients based on the favorable outcome of the services rendered by the lawyer. This billing method is an alternative fee arrangement because the client pays the lawyer under a scheme...
summation
In a legal trial, summation refers to the final, closing argument articulated by a litigant to a judge or jury concerning the merits of their side of a case. In contrast to an opening statement, in which a litigant may only preview what the...
supplemental
Supplemental means completing or making an addition to, particularly to a document - for example, a supplemental complaint, supplemental claim, or supplemental proceeding.
Some common uses of the term “supplemental” in a...
swearing match
A swearing match refers to a case that turns the word of one witness against another. A swearing match situation arises when two witnesses’ words irreconcilably enter into conflict. Usually, this occurs when there is no other evidence to...