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Deposition (law)
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery (law), discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination. History Depositions by written interrogatories first appeared around the mid-15th century as a procedure for discovery, factfinding, and evidence preservation in suits in Equity (law), equity in English courts. Available through HeinOnline. They differed radically from modern depositions in three ways: (1) the party seeking a witness's testimony merely propounded written interrogatories which were read out loud by a Master (judiciary), master or court-appointed commissioner to the witness in a closed proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...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] |
Direct Examination
The direct examination or examination-in-chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the lawyer/side/party that called such witness in a trial. Direct examination is usually performed to elicit evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ... in support of facts which will satisfy a required element of a party's claim or defense. In direct examination, one is generally prohibited from asking leading questions. This prevents a lawyer from feeding answers to a favorable witness. An exception to this rule occurs if one side has called a witness, but it is either understood or becomes clear, that the witness is hostile to the calling lawyer's side of the controversy, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stenomask
A stenomask is a hand-held microphone built into a padded, soundproof enclosure that fits over the speaker's mouth or nose and mouth. Some lightweight versions may be fitted with an elastic neck strap to hold them in place while freeing the user's hands for other tasks. The purpose of a stenomask is to allow a person to speak without being heard by other people, and to keep background noise away from the microphone. A stenomask is useful for speech recognition applications, because it allows voice transcription in noisy environments. Perhaps more importantly, a stenomask silences the user's voice so that it does not interfere with the surrounding environment such as a court or a classroom. The user can verbally identify the speaker, indicate gestures and unspoken answers, and describe activities as they take place. An operator of a stenomask can be trained to "re-voice" everything they hear into a stenomask connected to a speech recognition system, for a real-time text transcrip ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmation In Law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. Some religious adherents hold beliefs that allow them to make legally binding promises but forbid them to swear an oath before a deity. Additionally, an individual may decline to take a religious oath due to their personal beliefs or those of their audience. In some jurisdictions, an affirmation may be given only if a reason is provided. United Kingdom A right to give an affirmation has existed in English law since the Quakers Act 1695 (An Act that the Solemne Affirmation & Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Forme; 7 & 8 Will. 3 c. 34) was passed. The text of the affirmation was the following: "I A.B. do declare in the Presen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths is to give an Affirmation (law), affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To :wikt:swear, swear" is a verb used to describe the taking of an oath; to make a solemn vow. Etymology The word comes from Old English, Anglo-Saxon ': "judicial swearing, solemn appeal to deity in witness of truth or a promise"; from Proto-Germanic language, Proto-Germanic '':wikt:Reconstruction:Proto-Germanic/aiþaz, *aiþaz''; from Proto-Indo-European ''*oi-to-'': "an oath". Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may be non-Indo-European, in reference to careles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise consumer, clients (individuals or corporations) about their legal rights and Obligation, responsibilities, and to represent clients in civil case, civil or Criminal law, criminal cases, business transactions, and other matters in which legal advice and other assistance are sought. Arrangements Law firms are organized in a variety of ways, depending on the jurisdiction in which the firm practices. Common arrangements include: * Sole proprietorship, in which the attorney ''is'' the law firm and is responsible for all profit, loss and liability; * General partnership, in which all the attorneys who are members of the firm share ownership, profits and liabilities; * Professional corporations, which issue stock to the attorneys in a fashion similar to that of a business corporation; * Limited liability company, in which the attorney-ow ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transcript (law)
A transcript is a written record of spoken language. In court proceedings, a transcript is usually a record of all decisions of the judge, and the spoken arguments by the litigants' lawyers. A related term used in the United States is docket, not a full transcript. A transcript is expected to be an exact and unedited record of every spoken word, with each speaker indicated. Such a record was originally made by court stenographers who used a form of shorthand abbreviation to write as quickly as people spoke. Today, most court reporters use a specialized machine with a phonetic key system, typing a key or key combination for every sound a person utters. Many courts worldwide have now begun to use digital recording systems. The recordings are archived and are sent to court reporters or transcribers only when a transcript is requested. Some court systems have also explored using artificial intelligence (AI) to produce court transcripts. Transcripts may be available publicly or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process
Each legal jurisdiction has rules and discrete terminology regarding the appropriate procedures for serving legal documents on a person being sued or subject to legal proceedings. In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notice
Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice. Service of process At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice. In a civil case, personal jurisdiction over a defendant is obtained by service of a summons. Service can be accomplished by personal delivery of the summons or subpoena to the person or an authorized agent of the person. Service may also be made by substitute means; for example, in many jurisdictions, service of a summons can be made on a person of suitable age and discretion at the residence or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Party (law)
A party is an individual or group of individuals that compose a single legal person, entity which can be identified as one for the purposes of law. Parties to litigation Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
