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Subpoena Duces Tecum
A ''subpoena duces tecum'' (pronounced in English ), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions, it can also be issued by legislative bodies such as county boards of supervisors. The summons is known by various names in different jurisdictions. The term ''subpoena duces tecum'' is used in the United States, and some other common law jurisdictions such as South Africa and Canada. The summons is called a "subpoena for production of evidence" in some U.S. states that have sought to reduce the use of non-English words and phrases in court terminology. The ''subpoena duces tecum'' is similar to the ''subpoena ad testificandum'', which is a writ summoning a witness to testify orally. However, unlike the latter summons, the ''subpoena duces tecum'' instructs the witness to bring in hand books, papers, or evidence for the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summons
A summons (also known in England and Wales as a claim form or plaint note, and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of government (an ''administrative summons'') for various purposes. Judicial summons A judicial summons is served on a person involved in a legal proceeding. Legal action may be in progress against the person, or the person's presence as witness may be required. In the former case, the summons will typically announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a case has been initiated in the issuing court. In some jurisdictions, it may be drafted in legal English difficult for the layman to understand, while several U.S. states expressly require summonses to be drafted in plain English and that they must start with this phrase: "Notice! You have been sued." The summon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physical Examination
In a physical examination, medical examination, clinical examination, or medical checkup, a medical practitioner examines a patient for any possible medical signs or symptoms of a Disease, medical condition. It generally consists of a series of questions about the patient's medical history followed by an examination based on the reported symptoms. Together, the medical history and the physical examination help to determine a medical diagnosis, diagnosis and devise the treatment plan. These data then become part of the medical record. Types Routine The ''routine physical'', also known as ''general medical examination'', ''periodic health evaluation'', ''annual physical'', ''comprehensive medical exam'', ''general health check'', ''preventive health examination'', ''medical check-up'', or simply ''medical'', is a physical examination performed on an asymptomatic patient for medical screening purposes. These are normally performed by a pediatrician, family practice physician, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Amendment Of The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized (important or not). Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures", what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment Of The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting racial segregation in public schools), '' Loving v. Virginia'' (1967; ending interracial marriage bans), ''Roe v. Wade'' (1973; recognizing federal right to abortion until overturned in 2022), ''Bush v. Gore'' (2000; settling ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Court (United States)
In the United States, a state court is a court of law with jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of Civil law (common law), civil and Criminal law of the United States, criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction (the hearing of all matters in which personal jurisdiction exists and which are not committed to another court) and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under United States federal law, federal law. Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Work Product
In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel. It is also known as the work-product rule, the work-product immunity, the work-product exception, and the work-product privilege, though there is debate about whether it is truly a "privilege." This doctrine does not apply in other countries, where such communications are not protected, but where the legal discovery process itself is much more limited. Doctrine Under the work-product doctrine, "tangible material or its intangible equivalent" that is collected or prepared in anticipation of litigation is not discoverable.'' Hickman v. Taylor''. Comparison with attorney–client privilege The work-product doctrine is more inclusive than attorney–client privilege. Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistrial (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 Criminal A criminal trial is designed to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jencks Act
In the United States, the Jencks Act () requires the prosecutor to produce a verbatim statement or report made by a government witness or prospective government witness (other than the defendant), but only before cross or adverse examination. Jencks material is evidence that is used in the course of a federal criminal prosecution in the United States. It usually consists of documents relied upon by government witnesses who testify at trial. The material is described as ''inculpatory'', favoring the United States government's prosecution of a criminal defendant. The Jencks Act also covers other documents related to the testimony, or relied upon by government witnesses at trial. Typically, the material may consist of police notes, memoranda, reports, summaries, letters, related to an indictment or verbatim transcripts used by government agents or employees to testify at trial. This also includes a witness's grand jury testimony, if the witness testified at trial. After the governm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government 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. 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 under penalty of perjury. Although informally a witness includes whoever perceived the event, in law, a witness is different from an informant. A '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
