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Request For Admissions
A request for admission (sometimes also called a request to admit) is a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein. Requests for admission are part of the discovery process in a civil case. In the U.S. federal court system, they are governed by Rule 36 of the Federal Rules of Civil Procedure. Basic structure A request for admission is a list of questions which are similar in some respects to interrogatories, but different in form and purpose. Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.). This effectively puts the admissions in the form of true-false questions. For example, in a case involving an automobile accident, the plaintiff might include in their request a statement such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admission (law)
An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection. In general, admissions are admissible in criminal and civil cases. At common law, admissions were admissible. A statement could only be excluded by a showing of involuntariness, unfairness, or that the circumstances under which the statement was obtained was improper or illegal. Form of admission An admission may be made orally or contained within a writing. In some situations, an admission that is made by an authorized agent of a party to litigation will be admissible as evidence and attributable to that party. Oral admission Where the admission is oral, the person who heard the admission may testify to what the party who made the admission said. Documental admission Where the admission is in the form of a written record or document, and evidence is offered to prove the contents of the written record, the best evidence rule applies to requ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Issue Of Fact
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martha Minow
Martha Louise Minow (born December 6, 1954) is an American legal scholar and the 300th Anniversary University Professor at Harvard University. She served as the Dean of Harvard Law School between 2009 and 2017 and has taught at the Law School since 1981. Minow was one of the candidates mentioned to replace U.S. Supreme Court Associate Justice John Paul Stevens upon his retirement. She has been called "one of the world's leading human rights scholars" and "one of the world's leading figures in bringing legal ideas and scholarship to bear on issues of identity, race and equality, including innovative approaches to reconciliation among divided peoples." Biography Minow is the daughter of former Federal Communications Commission chairman Newton Minow, and his wife, Josephine (Baskin) Minow. Minow is Jewish. She graduated from New Trier Township High School in Illinois in 1972. Minow received her undergraduate degree from the University of Michigan (1975), her master's degree in educ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebuttal
In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by which statements, designed to refute or negate specific arguments (see Counterclaim) put forward by opponents, are deployed in the media. In law, special rules apply to rebuttal; rebuttal evidence or rebuttal witnesses must be confined solely to the subject matter of the evidence rebutted. New evidence on other subjects may not be brought in rebuttal. However, rebuttal is one of the few vehicles whereby a party may introduce surprise evidence or witnesses. The basic process is as follows: both sides of a controversy are obliged to declare in advance of trial what witnesses they plan to call, and what each witness is expected to testify to. When either a plaintiff (or prosecutor) or defendant brings direct evidence or testimony In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Relevance (law)
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". Probative evidence "seeks the truth". Generally in law, evidence that is not probative (doesn't tend to prove the proposition for which it is proffered) is inadmissible and the rules of evidence permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel". A balancing test may come into the picture if the value of the evidence needs to be weighed versus its prejudicial nature. Under the Federal Rules of Evidence (United States) Until the Federal Rules of Evidence were restyled in 2011, Rule 401 defined relevance as follows: This definition incorporates the requirement that evidence be both material ("of consequence to the determination of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Court (United States)
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law. Generally, a single judicial officer, usually called a judge, exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials, although most matters ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Documentary Evidence
Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony. Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a contract or a will), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical device to be viewed, such as a tape recording or film; and a printed form of digital evidence, such as emails or spreadsheets. Normally, before documentary evidence is admissible as evidence, it must be proved by other evidence from a witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ... that the document is genuine, called " laying a foundation". Documentary v. physical evidence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objection (law)
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence in violation of the rules of evidence or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The judge then makes a ruling on whether the objection is "''sustained''" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "''overruled''" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question. Objections in general An attorney may also raise an objection against a judge's ruling, to preserve the right to ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
