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Harmless Error
In United States law, a harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial. Harmless error is easiest to understand in an evidentiary context. Evidentiary errors are subject to harmless error analysis, under Federal Rule of Evidence 103(a) ("Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.") The general burden when arguing that evidence was improperly excluded or included is to show that the proper ruling by the trial judge may have, on the balance of probabilities, resulted in the opposite determination of fact. In the case of ''Earll v. State of Wyoming'', the Wyoming Supreme Court distinguished between reversible error (which requires a conviction be overturned) and harmless error (which does not), as follows: [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial Judge
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acts as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. In t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Credibility
Credibility comprises the objective and subjective components of the believability of a source or message. Credibility is deemed essential in many fields to establish expertise. It plays a crucial role in journalism, teaching, science, medicine, business leadership, and social media. Rhetoric Credibility dates back to Aristotle's theory of Rhetoric. Aristotle defines rhetoric as the ability to see what is possibly persuasive in every situation. He divided the means of persuasion into three categories, namely Ethos (the source's credibility), Pathos (the emotional or motivational appeals), and Logos (the logic used to support a claim), which he believed have the capacity to influence the receiver of a message. According to Aristotle, the term "Ethos" deals with the character of the speaker. The intent of the speaker is to appear credible. In fact, the speaker's ethos is a rhetorical strategy employed by an orator whose purpose is to "inspire trust in his audience". Credibilit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Error
Errors of various types may occur in legal proceedings and may or may not constitute grounds for appeal. Types of error * Harmless error is one considered not to have affected the trial's outcome and is thus not grounds for appeal. Harmless error is distinguished from "plain error" in that if error is "preserved" by the making of a timely objection, the burden of proof is on the respondent to show that the error was harmless, but if error was not preserved, the burden of proof is on the appellant In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ... to show that the error was plain. * Invited error is error brought about by a party's own conduct during a trial, and does not give grounds for appeal. * Reversible error is one that can lead to a judgment being overturned on appeal. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Review
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" ( intransitive) or "appeals" ( transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the appeal has merit), while a British court dispo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals Of The Philippines
The Court of Appeals (; previously ''Hukuman ng Paghahabol'') is an appellate collegiate court in the Philippines. The Court of Appeals consists of one presiding justice and sixty-eight associate justices. Pursuant to the Constitution, the Court of Appeals "reviews not only the decisions and orders of the Regional Trial Courts awards, judgments, final orders or resolutions of, or authorized by administrative agencies exercising quasi-judicial functions mentioned in Rule 43 of the 1997 Rules of Civil Procedure, plus the National Amnesty Commission (Pres. Proclamation No. 347 of 1994) and the Office of the Ombudsman". Under Republic Act No. 9282, which elevated the Court of Tax Appeals to the same level of the Court of Appeals, ''en banc'' decisions of the Court of Tax Appeals are subject to review by the Supreme Court instead of the Court of Appeals (as opposed to what is currently provided in Section 1, Rule 43 of the Rules of Court). Added to the formidable list are the decis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philippines
The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a total area of roughly 300,000 square kilometers, which are broadly categorized in Island groups of the Philippines, three main geographical divisions from north to south: Luzon, Visayas, and Mindanao. With a population of over 110 million, it is the world's List of countries and dependencies by population, twelfth-most-populous country. The Philippines is bounded by the South China Sea to the west, the Philippine Sea to the east, and the Celebes Sea to the south. It shares maritime borders with Taiwan to the north, Japan to the northeast, Palau to the east and southeast, Indonesia to the south, Malaysia to the southwest, Vietnam to the west, and China to the northwest. It has Ethnic groups in the Philippines, diverse ethnicities and Culture o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rule Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) are governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's proposed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Court
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admissible Evidence
Admissible evidence, in a court of law, is any Testimony, testimonial, Documentary evidence, documentary, or tangible evidence (law), evidence that may be introduced to a Trier of fact, factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevance (law), relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly Prejudice (legal term), prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the Law of the United States, United States and, to an extent, Australian legal system, Australia) proscribe the prosecution from exploiting evidence False evidence, obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This law of evidence, rule of eviden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwifery, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
