Judge S Notes - Law Dictionary Search Results
Notes, Judge's
Matched in: Term Notes, Judge's
Judge's Notes
Matched in: Term Judge's Notes
fair trial
fair trial : a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the U.S. Constitution or the appropriate … is afforded his or her rights under the U.S. Constitution or the appropriate state constitution or other law NOTE: Among the factors used to determine whether a defendant received a fair trial are these: the effectiveness of
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Article III court
Article III court : a court created in accordance with Article III of the U.S. Constitution whose judges have positions for life and cannot have their salaries reduced compare legislative court NOTE: The purpose of the … the U.S. Constitution whose judges have positions for life and cannot have their salaries reduced compare legislative court NOTE: The purpose of the salary and position guarantees enjoyed by the judges of Article III courts is to
comment
expression of an opinion or attitude about something: as a : a remark to a jury by a judge or prosecutor about evidence NOTE: A prosecutor may not remark to the jury that a defendant's failure to … attitude about something: as a : a remark to a jury by a judge or prosecutor about evidence NOTE: A prosecutor may not remark to the jury that a defendant's failure to testify implies guilt, and a
precedent
condition precedent at condition compare subsequent [pre-səd-nt] n : a judicial decision that should be followed by a judge when deciding a later similar case see also stare decisis compare dictum NOTE: To serve as precedent for … should be followed by a judge when deciding a later similar case see also stare decisis compare dictum NOTE: To serve as precedent for a pending case, a prior decision must have a similar question of law
In mercy
In mercy, means at a judge's discretion concerning punishment. A judgment formerly noted which litigant lost by stating that the unsuccessful party was in … In mercy, means at a judge's discretion concerning punishment. A judgment formerly noted which litigant lost by stating that the unsuccessful party was in the court's mercy. A plaintiff held in
clearly erroneous
be set aside is a standard of review used esp. by an appellate court when reviewing a trial judge's (as opposed to a jury's) findings of fact for error. … 52(a)"] see also Amendment VII to the Constitution in the back matter compare abuse of discretion, de novo NOTE: The requirement that findings be clearly erroneous to be set aside is a standard of review used esp.
jury nullification
jury nullification : the acquitting of a defendant by a jury in disregard of the judge's instructions and contrary to the jury's findings of fact NOTE: Jury nullification is most likely to occur when … defendant by a jury in disregard of the judge's instructions and contrary to the jury's findings of fact NOTE: Jury nullification is most likely to occur when a jury is sympathetic toward a defendant or regards the
concur
Senators present "U.S. Constitution art. II"] ;specif : to join in an appellate decision compare dissent NOTE: A judge or justice may concur with the decision of the court but not agree with the reasons set forth … of the Senators present "U.S. Constitution art. II"] ;specif : to join in an appellate decision compare dissent NOTE: A judge or justice may concur with the decision of the court but not agree with the reasons
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