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Evidentiary - Law Dictionary Search Results

Home Dictionary Name: evidentiary

evidentiary

evidentiary 1 : being, relating to, or affording evidence [photographs of value] 2 : conducted so that evidence may be presented [an hearing] ev·i·den·tia·ri·ly adv ...


evidentiary fact

evidentiary fact see fact ...


evidentiary harpoon

evidentiary harpoon [from the comparison of such evidence to a harpoon, which can be retracted after it has injured its target] : evidence consisting esp. of a police officer's statement that is improper and is knowingly offered by the prosecution to prejudice the defendant in the eyes of the jury ...


fact

fact [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1 : something that has actual existence : a matter of objective reality 2 : any of the circumstances of a case that exist or are alleged to exist in reality : a thing whose actual occurrence or existence is to be determined by the evidence presented at trial see also finding of fact at finding, judicial notice question of fact at question, trier of fact compare law, opinion adjudicative fact : a fact particularly related to the parties to an esp. administrative proceeding compare legislative fact in this entry collateral fact : a fact that has no direct relation to or immediate bearing on the case or matter in question compare material fact in this entry constitutional fact : a fact that relates to the determination of a constitutional issue (as violation of a constitutional right) used esp. of administrative findings of fact evidentiary fact : a fact that i...


collateral

collateral 1 a : accompanying as a secondary fact, activity, or agency but subordinate to a main consideration b : not directly relevant or material [a evidentiary matter] [a issue] 2 : belonging to the same ancestral stock but not in a direct line of descent compare lineal 3 a : of, relating to, or being collateral used as a security (as for payment of a debt) b : secured by collateral [a loan] col·lat·er·al·ly adj n 1 : a collateral relative 2 : property pledged by a borrower to protect the interests of the lender in the event of the borrower's default ;specif under Article 9 of the Uniform Commercial Code : property subject to a security interest ...


DNA fingerprinting

DNA fingerprinting : a method of identification esp. for evidentiary purposes by analyzing and comparing the DNA from tissue samples ...


evidential

evidential : evidentiary ev·i·den·tial·ly adv ...


ex post facto law

ex post facto law : a civil or criminal law with retroactive effect ;esp : a law that retroactively alters a defendant's rights esp. by criminalizing and imposing punishment for an act that was not criminal or punishable at the time it was committed, by increasing the severity of a crime from its level at the time the crime was committed, by increasing the punishment for a crime from the punishment imposed at the time the crime was committed, or by taking away from the protections (as evidentiary protection) afforded the defendant by the law as it existed when the act was committed NOTE: Ex post facto laws are prohibited by Article I, Section 9 of the U.S. Constitution. ...


fruit of the poisonous tree

fruit of the poisonous tree 1 : a doctrine of evidence: evidence that is derived from or gathered during an illegal action (as an unlawful search) cannot be admitted into court 2 : evidence that is inadmissible under an evidentiary exclusionary rule because it was derived from or gathered during an illegal action see also Wong Sun v. U.S. in the Important Cases section compare independent source, inevitable discovery, plain view ...


rehabilitate

rehabilitate -tat·ed -tat·ing 1 : to restore to a former capacity ;specif : to restore credibility to (a witness or testimony) [the State simply brought out all of the prior statements to qualify or explain the inconsistency and to the witness "People v. Page, 550 N.E.2d 248 (1990)"] compare impeach NOTE: A witness whose trial testimony is inconsistent with his or her pretrial usually sworn statements is considered impeached. Such a witness may be rehabilitated usually on redirect examination. There are various state and federal evidentiary rules governing what evidence (as character evidence) is admissible to rehabilitate a witness. 2 a : to restore to a former state (as of good repair or solvency) [if the debtor wishes to liquidate rather than reorganize or the farming operation "J. H. Williamson"] b : to restore (as a convicted criminal defendant) to a useful and constructive place in society through therapy, job training, and other counseling re·ha·bil...


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