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Character Evidence
Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. In the United States, Federal Rule of Evidence 404 maps out its permissible and prohibited uses in trials. Three factors typically determine the admissibility of character evidence: # the purpose for which the character evidence is being used # the form in which the character evidence is offered # the type of proceeding ( civil or criminal) in which the character evidence is offered Purpose In the United States, character evidence may be offered at trial to: :1. prove character, if character is a substantive issue in the litigation ::admissibility of character evidence to prove character is ''not'' affected by the case's civil or criminal nature :2. prove, through circumstantial evidence, an aspect of an individual's conduct ... [...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] |
Charles T
Charles is a masculine given name predominantly found in English and French speaking countries. It is from the French form ''Charles'' of the Proto-Germanic name (in runic alphabet) or ''*karilaz'' (in Latin alphabet), whose meaning was "free man". The Old English descendant of this word was '' Ċearl'' or ''Ċeorl'', as the name of King Cearl of Mercia, that disappeared after the Norman conquest of England. The name was notably borne by Charlemagne (Charles the Great), and was at the time Latinized as ''Karolus'' (as in ''Vita Karoli Magni''), later also as '' Carolus''. Etymology The name's etymology is a Common Germanic noun ''*karilaz'' meaning "free man", which survives in English as churl (James (wikt:Appendix:Proto-Indo-European/ǵerh₂-">ĝer-, where the ĝ is a palatal consonant, meaning "to rub; to be old; grain." An old man has been worn away and is now grey with age. In some Slavic languages, the name ''Drago (given name), Drago'' (and variants: ''Dragom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bad Character Evidence
The Criminal Justice Act 2003 applicable in England and Wales, and to a lesser extent Scotland and Northern Ireland, implemented fundamental changes to the admissibility of evidence relating to character, in respect to defendants and others. The Act is far-reaching, providing for the admissibility of previous convictions in support of a propensity to commit like-offences and untruthfulness. Common law rules in relation to the admissibility of bad character evidence have been abolished, with the existence of one exception. The legislation draws heavily on the Law Commission Paper No. 273, with some deviations resulting from the Parliamentary debates as the Bill moved through Parliament. Definition Bad character evidence is evidence of, or a disposition towards misconduct; other than evidence which has to do with the alleged facts of the offence with which the defendant is charged or is evidence of misconduct in connection with the investigation or prosecution of that offence. Mi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Character Test
Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. In the United States, Federal Rule of Evidence 404 maps out its permissible and prohibited uses in trials. Three factors typically determine the admissibility of character evidence: # the purpose for which the character evidence is being used # the form in which the character evidence is offered # the type of proceeding (civil or criminal) in which the character evidence is offered Purpose In the United States, character evidence may be offered at trial to: :1. prove character, if character is a substantive issue in the litigation ::admissibility of character evidence to prove character is ''not'' affected by the case's civil or criminal nature :2. prove, through circumstantial evidence, an aspect of an individual's conduct ::ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habit Evidence
Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that person's tendency to reflexively respond to a particular situation in a particular way.See FRE 406. Habit evidence must be distinguished from character evidence Character evidence is a term used in the law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that per ..., which seeks to show that a person behaved in a particular way on a particular occasion based on that person's prior bad acts, or based on the opinion of a witness, or based on that person's reputation in the community. Such character evidence is generally inadmissible. Federal Rule of Evidence 406 states, "Evidence of the habit of a person or of the routine prac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Evidence Code
The California Evidence Code (abbreviated to Evid. Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included in it. However, except for division 8, the Evidence Code only applies to judicial proceedings in the California state courts, and do not apply to any legislative, administrative or arbitral proceedings. See also * California Codes * Federal Rules of Evidence * Law of California The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the Califo ... References External links California Evidence Code Evidence Code Evidence Code United States evidence law ... [...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 Testimo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating reasonable fear or apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined by American common law as "any unlawful and/or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assault
In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery (crime), battery, which is the deliberate use of physical Force (law), force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death. Generally, the common law definitio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
