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Argumentative
{{more citations needed, date=April 2018 In the American legal system, argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case."An attorney shall not ask argumentative questions, i.e. one that asks the witness to agree to a conclusion drawn by the questioner without eliciting testimony as to new facts. The court, however, in its discretion, may allow limited use of argumentative questions on cross exam." Minnesota State Bar,Mock Trial Objections, accessed 22 March 2018 A lawyer on direct examination asks his witness, a layman with no legal training, "So John Doe was driving negligently?" Opposing counsel could raise an argumentative objection. In this context, "negligently" is a legal term of art with a precise and narrow meaning, and the witness cannot reasonably answer the question without understanding the relevant law. Since the lawyer is "arguing" his case that John Doe was driving negli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objection (United States Law)
In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness's testimony, and may also be raised during depositions and in response to written discovery. During trials and depositions, 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. At trial, 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 ... [...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 meruit, 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 Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial (law), trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a Criminal procedure, criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly Affirmation in law, affirm to testify truthfully under penalty of perjury. Although informally a witness includes whoever perceived the event, in l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inference
Inferences are steps in logical reasoning, moving from premises to logical consequences; etymologically, the word '' infer'' means to "carry forward". Inference is theoretically traditionally divided into deduction and induction, a distinction that in Europe dates at least to Aristotle (300s BC). Deduction is inference deriving logical conclusions from premises known or assumed to be true, with the laws of valid inference being studied in logic. Induction is inference from particular evidence to a universal conclusion. A third type of inference is sometimes distinguished, notably by Charles Sanders Peirce, contradistinguishing abduction from induction. Various fields study how inference is done in practice. Human inference (i.e. how humans draw conclusions) is traditionally studied within the fields of logic, argumentation studies, and cognitive psychology; artificial intelligence researchers develop automated inference systems to emulate human inference. Statist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross Examination
In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Law of the Republic of Ireland, Ireland, the Law of the United Kingdom, United Kingdom, Australian legal system, Australia, Law of Canada, Canada, Law of South Africa, South Africa, Law of India, India and Law of Pakistan, Pakistan) and may be followed by a Redirect examination, redirect (known as re-examination in the aforementioned countries). A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Term Of Art
Jargon, or technical language, is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particular occupation (that is, a certain trade, profession, vernacular or academic field), but any ingroup can have jargon. The key characteristic that distinguishes jargon from the rest of a language is its specialized vocabulary, which includes terms and definitions of words that are unique to the context, and terms used in a narrower and more exact sense than when used in colloquial language. This can lead outgroups to misunderstand communication attempts. Jargon is sometimes understood as a form of technical slang and then distinguished from the official terminology used in a particular field of activity. The terms ''jargon'', ''slang,'' and '' argot'' are not consistently differentiated in the literature; differen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...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, standards ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
