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Hostile Witness
A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial (law), trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. This concept is used in the legal proceedings in the United States, and analogues of it exist in Western law, other legal systems in Western world, Western countries. Process During direct examination, if the examining attorney who called the witness finds that their testimony is antagonistic or contrary to the legal position of their client, the attorney may request that the judge declare the witness "hostile". If the request is granted, the attorney may proceed to ask the witness leading questions. Leading questions either suggest the answer ("You saw my client sign the contract, correct?") or challenge (Witness impeachment, impeach) the witness's testimony. As a rule, leading questions are generally allowed only ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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, either oral or written, of what they know or claim to know. In law 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. 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 proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthfully unde ... [...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 of d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ... [...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 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 lawyer who called the witness may then ask the court to declare the person on the stand a hostile witness. If the court does so, the lawyer may thereafter ask witness leading questions during direct examination. The techniques of direct examination are tau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Law
Western law comprises the legal traditions of Western culture, with roots in Roman law and canon law. As Western culture shares a Graeco-Roman Classical and Renaissance cultural influence, so do its legal systems. History The rediscovery of the Justinian Code in the early 10th century rekindled a passion for the discipline of law, initially shared across many of the re-forming boundaries between East and West. Eventually, it was only in the Catholic or Frankish west that Roman law became the foundation of all legal concepts and systems. Its influence can be traced to this day in all Western legal systems, although differing in kind and degree between the common (Anglo-American) and the civil (continental European) legal traditions. The study of canon law, the legal system of the Catholic Church, fused with that of Roman law to form the basis for the refounding of Western legal scholarship. It was the first modern Western legal system, and is the oldest continuously functioni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western World
The Western world, also known as the West, primarily refers to the various nations and state (polity), states in the regions of Europe, North America, and Oceania.Western Civilization Our Tradition; James Kurth; accessed 30 August 2011 The Western world is also known as the Occident (from the Latin word ''occidēns'' "setting down, sunset, west") in contrast to the Eastern world known as the Orient (from the Latin word ''oriēns'' "origin, sunrise, east"). Following the Discovery of America in 1492, the West came to be known as the "world of business" and trade; and might also mean the Northern half of the North–South divide, the countries of the ''Global North'' (often equated with capitalist Developed country, developed countries). [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Questions
In common law systems that rely on testimony by witnesses, a leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading questions can be objectionable or proper. The propriety of leading questions generally depends on the relationship of the witness to the party conducting the examination. An examiner may generally ask leading questions of a hostile witness or on cross-examination ("Will help to elicit the testimony of a witness who, due to age, incapacity, or limited intelligence, is having difficulty communicating her evidence"), but not on direct examination (to "coach" the witness to provide a particular answer). According to ''Black's Law Dictionary','' a leading question is defined as "question tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness Impeachment
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts. Parties that may impeach Under the common law of England, a party could not impeach its own witness unless one of four special circumstances was met. The Voucher Rule required the proponent of the witness to "vouch" for the truthfulness of the witness. Here are the special circumstances: #If the witness were an ''adverse party'' (such as the plaintiff calling the defendant to the stand, or vice versa). #If the witness were '' hostile'' (such as the witness refusing to co-operate). #If the witness were one that the party was required by law to call as a witness. #If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions. Under the US Federal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). 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 witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examining ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gestalt Psychology
Gestalt-psychology, gestaltism, or configurationism is a school of psychology that emerged in the early twentieth century in Austria and Germany as a theory of perception that was a rejection of basic principles of Wilhelm Wundt's and Edward Titchener's elementalist and structuralist psychology.Mather, George (2006) Foundations of Perception, Psychology Pressch.1 p.32 As used in Gestalt psychology, the German word ''Gestalt'' ( , ; meaning "form") is interpreted as "pattern" or "configuration". Gestalt psychologists emphasize that organisms perceive entire patterns or configurations, not merely individual components. The view is sometimes summarized using the adage, "the whole is more than the sum of its parts." Gestalt psychology was founded on works by Max Wertheimer, Wolfgang Köhler, and Kurt Koffka. Origin and history Max Wertheimer (1880–1943), Kurt Koffka (1886–1941), and Wolfgang Köhler (1887-1967) founded Gestalt psychology in the early 20th century. The domi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Utility Theory
As a topic of economics, utility is used to model worth or value. Its usage has evolved significantly over time. The term was introduced initially as a measure of pleasure or happiness as part of the theory of utilitarianism by moral philosophers such as Jeremy Bentham and John Stuart Mill. The term has been adapted and reapplied within neoclassical economics, which dominates modern economic theory, as a utility function that represents a single consumer's preference ordering over a choice set but is not comparable across consumers. This concept of utility is personal and based on choice rather than on pleasure received, and so is specified more rigorously than the original concept but makes it less useful (and controversial) for ethical decisions. Utility function Consider a set of alternatives among which a person can make a preference ordering. The utility obtained from these alternatives is an unknown function of the utilities obtained from each alternative, not the sum of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Law Reports
The NSW Law Reports are the official reports of the courts of New South Wales, Australia. The reports are published by The Council of Law Reporting for New South Wales and cover selected cases heard in the Supreme Court of New South Wales. Each state in Australia has an official body which is responsible for the reporting of cases. At the Commonwealth level the responsibility rests with judges. The Commonwealth Law Reports are the authorised reports of the High Court of Australia. Judgments which are included in the reports are selected on the basis their significance in relation to the interpretation, development or application of the law in New South Wales. Fewer than 10% of all judgments are eventually selected for publishing. The current editor is Bret Walker who has held the position since 2006. From 1900 to 1950 the reports were known as the State Reports (New South Wales). The NSW Law Reports currently holds a monopoly on certain reported cases; these cases are n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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