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Opening Statements - Law Dictionary Search Results

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opening statements

opening statements before the evidence is presented in a trial, lawyers' presentations to the jury summarizing what they intend to present as evidence. Opening statements, like closing arguments, are not themselves evidence. Source: Federal Judicial Center ...


opening statement

opening statement : a statement to the jury by trial counsel before the presentation of evidence that usually explains the nature of the case, the factual matters to be proven, and the evidence to be presented and that summarizes the arguments to be made ;also : a similar statement made to the presiding authority (as an arbitrator) at a nonjudicial or quasi-judicial hearing (as an arbitration hearing) ...


Opening statement

Opening statement, means at the outset of a trial, an advocate's statement giving the fact-finder a preview of the case and of the evidence to be presented, but not containing argument, Black's Law Dictionary, 7th Edn., p. 1118....


open

open 1 : exposed to general view or knowledge : free from concealment [an , notorious, continuous, and adverse use of the property] [an and obvious danger] NOTE: When a defect, hazard, or condition is open such that a reasonable person under the circumstances should have recognized the danger posed by it, a defendant is usually relieved of liability for failure to warn. 2 : not restricted to a particular group or category of participants ;specif : enterable by a registered voter regardless of political affiliation [an primary] 3 a : being in effect or operation [an mine] [a bench warrant still ] b : available for use [an toll road] c : not finally determined, decided, or settled : subject to further consideration [an question] d : remaining effective or available for use until canceled [an insurance contract] 4 : not repressed or regulated by legal controls [a state with gambling] vb opened open·ing vt 1 : to begin the process of [ the succession] 2 a : to make the...


Affidavit

Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...


Statement

Statement, means statement of facts and not the statement of law, Madan Sah v. Laleshwar Choubey, AIR 1994 Pat 149. [See Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947), s. 14(4)]Statement, the primary meaning of the word 'statement' to be found in Shorter Oxford English Dictionary and Webster's New World Dictionary is 'something that is stated'. Another meaning that is given in the Shorter Oxford English Dictionary is 'written or oral communication'. The word 'statement' has been used in number of ss. so the Act in its primary meaning of 'something is stated' and that meaning should be given to it under s. 157 also unless there is something that cuts down that meaning for the purpose of that section, Bhogilal Chunilal Pandya v. State of Bombay, AIR 1959 SC 356 (359): 1959 Supp (1) SCR 310. (Evidence Act, 1872, s. 157)In its dictionary meaning is the act of stating or reciting, 'Prima facie' a statement cannot take in an omission. A statement cannot include that whic...


closing arguments

closing arguments after all the evidence has been presented in a trial, lawyers' presentations summarizing the evidence and attempting to persuade the jury to draw conclusions favorable to their clients. Closing arguments, like opening statements, are not themselves evidence. Source: Federal Judicial Center ...


prior inconsistent statement

prior inconsistent statement : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement NOTE: If a prior inconsistent statement was made under oath subject to the penalties of perjury at a previous proceeding (as a deposition or grand jury hearing), the statement is not hearsay under Federal Rule of Evidence 801(d)(1) and may be offered to prove that what was asserted in the statement is true. ...


Annual Financial Statement

Annual Financial Statement, means a statement made by the Minister-incharge of Finance in the legislature containing the probable income and expenditure of the Government for any year; familiarly known as Budget. Parliamentary Practice, Erskin May, 22nd Edn., p. 788.In U.K., this statement is made by the Chancellor of the Exchequer in the House of Commons when he has completed his estimate of the probable income and expenditure for the financial year, Parliamentary Practice, Erskine May, 22nd Edn., p. 788.It contains his view of the resources of the country; it declares whether the burdens upon the people are to be increased or diminished, Parliamentary Practice, Erskine May, 22nd Edn., p. 788.The Annual Financial Statement or the Statement or the Statement of the Estimated Receipts and Expenditure of the Government of India in respect of each financial year, known as the 'Budget', is presented to Lok Sabha on such day as the President may direct, Rules of Procedure and Conduct of (Raj...


Open space

Open space, means it is only with reference to the country that the word 'open' carries the meaning 'free from wood building etc.' Accepting the several meanings of the word 'open' the existence of 7 or 8 scattered trees within the space sixty feet wide all round would not render the entire space any less an open space within the meaning of that expression in the proviso to rule 18(a) of the Madras Places of Public Resort Act II of 1888. It is equally clear that the existence of say one free at one corner of the space would not prevent the space being an open space, Nachimuthu v. Ramaswami Chettiar, 69 MLW 887: (1956) 2 MLJ 556 (DB).By the (English) Metropolitan Open Spaces Acts of 1877 and 1881, the (English) Metropolitan Board of Works (succeeded by the London County Council, under s. 40, sub-s. 8, of the (English) Local Government Act, 1888) had power to acquire and to hold of the use of the public any open spaces within the metropolis. These Acts were extended, with amendments, to ...


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