Alibi - Law Dictionary Search Results
Home Dictionary Name: alibiAlibi
Alibi (elsewhere). It is a defence restored to where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidence that he was in a different place at the time the offence was committed.Else ware, in law this term is used to express that defence in a criminal prosecution, where the party-accused, in order to prove that he could not have committed the crime charged against him, offers evidence that he was in a different place at that time. The plea taken should be capable of meaning that having regard to the time and place when and where he is alleged to have committed the offence, he could not have been present. The plea of alibi postulates the physical impossibility of the presence of the accused to the scene of offence by reason of his presence at another place. Denial by an accused of an assertion made by his employer that the accused was on leave of absence from duty on the date of offence does not, by any stretch of reaso...
alibi
alibi [Latin, elsewhere, from alius other] : a defense of having been somewhere other than at the scene of a crime at the time the crime was committed ;also : the fact or state of having been elsewhere at the time a crime was committed NOTE: Federal Rule of Criminal Procedure 12.1 requires the defendant to provide notice upon written demand of an intention to offer a defense of alibi. Likewise, the prosecution must provide to the defendant upon written demand the names of witnesses that will be used to rebut the defense. ...
alibi witness
alibi witness see witness ...
witness
witness [Old English witnes knowledge, testimony, witness, from wit mind, sense, knowledge] 1 a : attestation of a fact or event [in whereof the parties have executed this release] b : evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal 2 : one who gives evidence regarding matters of fact under inquiry ;specif : one who testifies or is legally qualified to testify in a case or to give evidence before a judicial tribunal or similar inquiry [a before a congressional committee] [no person…shall be compelled in any criminal case to be a against himself "U.S. Constitution amend. V"] compare affiant, deponent adverse witness : a witness who is called by or associated with an opposing party or who by statement, conduct, or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called [sought to have his witness declared an adverse witness subject to impeachment] called als...
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
reciprocal
reciprocal 1 a : mutual b : bilateral [a contract] 2 : characterized by correspondence or equivalence esp. in return or response with another of the same category [was prevented from obtaining discovery of the names of the State's alibi rebuttal witnesses "Mauricio v. State, 652 N.E.2d 869 (1995)"] ;also : marked by such correspondence or equivalence between its own components [a arrangement] 3 : marked by reciprocity between states re·cip·ro·cal·ly adv ...
support
support 1 a : to promote the interests or cause of b : to uphold or defend as valid or right c : to argue or vote for 2 : to provide with substantiation or corroboration [ an alibi] 3 : to provide with the means of livelihood (as housing, food, or clothing) esp. in accordance with an agreement or court order 4 : to hold up or in position : maintain the physical integrity of [the right to have one's land ed by the underlying land] n 1 : the act or process of supporting : the condition of being supported [pledged the candidate their ] 2 : a means of obtaining the necessities of life (as food, shelter, and clothing) : a source of livelihood esp. in the form of alimony or child support 3 : something that provides support ...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Droit d'aubaine
Droit d'aubaine [jus albinatus, Lat., i.e., alibi natus, born elsewhere], in old French law, a right of the king, entitling him, at the death of an alien, to all such alien was worth, unless he had a peculiar exemption...
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