master:2021-10-25_10-02-22. Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.
Apr 06, 2016 · Documentary Evidence. Most commonly considered to be written forms of proof, such as letters or wills, documentary evidence can also include other types of media, such as images, video or audio recordings, etc. 9. Exculpatory Evidence. This type of evidence can exonerate a defendant in a – usually criminal – case.
Jun 06, 2019 · Discovery: In the U.S., Discovery is a procedure followed by attorneys to determine the nature, scope, and credibility of the opposing party’s claim. Discovery can include depositions, written interrogatories, and notices to produce documentation relating to …
Dismissal: a decision by the prosecutor or other judicial officer to end a case for legal or other reasons. Disposition : the final judicial decision which ends a criminal proceeding by a judgment of acquittal or dismissal, or which states the sentence if the accused is convicted.
That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.Nov 29, 2018
Spoliation. Spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding.
There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.
Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. ... The defendant bears the burden to prove that the undisclosed evidence was both material and favorable.
A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.
plaintiffIn a civil lawsuit, the burden of proof rests on the plaintiff or the person filing the suit. The plaintiff should prove that the allegations are true and that the defendant, or the other party, caused damages. When it comes to establishing a civil case, the plaintiff must usually do so by a preponderance of evidence.
- three facts plaintiff needs: 1. must have an injury in fact that is concrete and actual or imminent; 2. injury must be fairly traceable to the challenged action of the defendant; and 3. it must be likely that the injury will be redressed by a favorable decision.
The process is used to discover facts significant to the preparation of the case and known to the opposite party. The most commonly used discovery devices are depositions, interrogatories, requests for admissions, requests for production of documents, requests for inspection and e-discovery.
In general, an exoneration occurs when a person who has been convicted of a crime is officially cleared based on new evidence of innocence. ... A person who otherwise qualifies has not been exonerated if there is unexplained physical evidence of that person's guilt.
Exculpatory evidence is any reasonable evidence that tends to show the defendant's innocence.Sep 8, 2021
Presumptive evidence refers to evidence which shows the existence of one fact by proof of the existence of others from which the first may be inferred. ... Such evidence is not conclusive but subject to rebuttal or explanation. It is also called indirect or circumstantial evidence.
Acceptance – An unambiguous communication that the offer has been accepted. For contracts controlled by the UCC, contracts involving the sales of goods need not mirror the offer’s terms. For other contracts, the acceptance must mirror the offer’s terms without omitting, adding, or altering terms.
A way to discharge a claim whereby the parties agree to give and accept something in settlement of the claim that will replace the terms of the parties’ original agreement. Accord is the new agreement; satisfaction is performance of the new agreement.
Adjudication - Judgment rendered by the court after a determination of the issues. Ad Litem - A Latin term meaning “for the purpose of the lawsuit.”. For example, a guardian “ad litem” is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.
Appeal - An application to a higher court for review of an order of conviction or of a civil judgment against a party.
Appeal Bond - A sum of money posted by a person appealing a judicial decision (appellant). Appearance – (1) The formal proceeding by which a defendant submits to the jurisdiction of the court. (2) A written notification to the plaintiff by an attorney stating that s/he is representing the defendant.
Arrest Warrant – An order by a judge that gives permission for a police officer to arrest a person for allegedly committing a crime. Assault - Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.
Bail - Cash or surety posted to procure the release of a defendant in a criminal proceeding by insuring his/her future attendance in court, and compelling him/her to remain within the jurisdiction of the court.
Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.
Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.
The ability to gather and analyze different types of evidence is one of the most important competencies for anyone who conducts investigations. There are many types of evidence that help the investigator make decisions during a case, even if they aren’t direct proof of an event or claim. To download a quick reference to the types ...
Analogical evidence uses a comparison of things that are similar to draw an analogy. 2. Anecdotal Evidence. Anecdotal evidence isn’t used in court, but can sometimes help in a workplace investigation to get a better picture of an issue.
The most powerful type of evidence, direct evidence requires no inference. The evidence alone is the proof. This could be the testimony of a witness who saw first-hand an incident of sexual harassment in the workplace.
Dawn Lomer is the Manager of Communications at i-Sight Software and a Certified Fraud Examiner (CFE). She writes about topics related to workplace investigations, ethics and compliance, data security and e-discovery, and hosts i-Sight webinars.
Hearsay evidence consists of statements made by witnesses who are not present. While hearsay evidence is not admissible in court, it can be relevant and valuable in a workplace investigation where the burden of proof is less robust than in court.
This is a testimony or document that is used to help prove that someone acted in a particular way based on the person’s character. While this can’t be used to prove that a person’s behavior at a certain time was consistent with his or her character, it can be used in some workplace investigations to prove intent, motive, or opportunity.
i-Sight software is a better way to manage investigations. i-Sight is a specialized investigative case management tool to make your investigations more efficient and consistent. Request your demo of i-Sight to find out how users are saving time, closing more cases, reducing risk, and improving compliance.
Here’s an explanation of the most common divorce terminology you’re likely to encounter during your divorce. Absolute Divorce: The absolute ending of a marriage, leaving both parties free to remarry. Adversarial Divorce: When a couple cannot come to an agreement about the terms of their divorce.
Marriage breakdown is the sole ground for legally ending a marriage under the terms of Canada’s Divorce Act. Guardian-ad-Litem: A person appointed by a judge to prosecute or defend a case for a person legally unable to do so, such as a minor child. Hearing: Any proceeding before a judicial officer.
Ab Initio: Latin phrase meaning “from the beginning.”. Action: Lawsuit or proceeding in a court of law. Affidavit: Written statement of facts made under oath and signed before a notary public or other officer who has authority to administer oaths. Agreement: Verbal or written resolution of previously disputed issues.
Diana Shepherd is the Editorial Director and Co-Founder of Divorce Magazine. An award-winning editor, published author, and a nationally-recognized expert on divorce, remarriage, finance, and stepfamily issues, she is a frequent lecturer on the topics of divorce, finance, and marketing – both to local groups and national organizations. She is the co-author of The IDFA Survival Guide, a book designed to help divorcing couples avoid the common pitfalls and make better decisions, and the co-author, editor, and designer of nine textbooks and resource guides for financial professionals. She holds the Certified Divorce Financial Analyst® (CDFA®) designation from the Institute for Divorce Financial Analysts and an Honours English Specialist degree from the University of Toronto.
Alimony Also known as “Spousal Support” or “Maintenance”. The standard is to give support to the spouse who needs it in order to keep the family on an equal setting – however, there is an underlying duty for each spouse to work towards being independent of each other. Annulment: The legal end of an “Invalid Marriage”.
Contempt of Court: The willful failure to comply with a court order, judgment, or decree by a party to the action. Contempt of Court may be punishable by fine or imprisonment. Contested Divorce: Any case where the judge must decide one or more issues that are not agreed to by the parties.
Court Order: A written instruction from the court carrying the weight of the law. Orders must be in writing. Anyone who knowingly violates a court order can be held in contempt of court. Cross Examination: The questioning of a witness presented by the opposing party on trial or at a deposition.
A. Accused: formally charged but not yet tried for committing a crime; the person who has been charged may also be called the defendant. Acquittal: a judgment of court, based on the decision of either a jury or a judge, that a person accused is not guilty of the crime for which he has been tried. ADA: Assistant district attorney.
Intensive Probation: Defendants are on supervised probation, have curfews, and see probation officer at least once a week. Investigation: the gathering of evidence by law-enforcement officials (and in some cases prosecutors) for presentation to a grand jury or in a court, to prove that the accused did commit the crime.
Defendant: a person who has been formally charged with committing a crime; the person accused of a crime. Defense Attorney: the lawyer who represents the defendant in legal proceedings. Victims are usually not required to speak with defense attorneys except in court, but may do so if they choose.
Adjudication: the judicial decision that ends a criminal proceeding by a judgment of acquittal, conviction, or dismissal of the case.
Aggravating factors: factors that make a crime worse than most similar crimes. Aggravating factors are often defined by law and include such things as: victim very old, gang related, done for hire, especially cruel, defendant does not support his family, or took advantage of a position of trust.
Alleged: said to be true, but not yet proven to be true; until the trial is over, the crime may be called the “alleged crime.”. Appeal: a request by either the defense or the prosecution that a higher court review the results of a decision on certain motions or in a completed trial.
Arrest warrant: A written order issued by the District court or magistrate including a statement of the crime of which the person to be arrested is accused, and directing that the person be arrested and held to answer the accusation before a magistrate or other judge. Assailant: person identified as the attacker.
The district attorney is the lawyer for the state that is solely responsible for bringing charges against a defendant using the process called prosecution. This begins the “lawsuit” portion of a criminal investigation, moving the matter largely to the courts rather than the police station.
An arrest warrant is similar to a search warrant, but instead sets out a person that is to be brought into custody.
Once charges are filed, the suspect officially “becomes” a defendant This may seem like a simply switch in wording, but it actually has very significant and real implications for the accused. Once a charge is filed, the options of eliminating the case are very few.
Some may even pass away or suffer from failing memories. This process can hurt both the prosecution and defendant. Recognizing this, Kansas has adopted a statute of limitations for nearly all crimes. These serve as time limits upon when a district attorney may file a complaint for committing a crime. After the set number of years passes, the suspect will not be subject to prosecution.
If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.
She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.