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Brady material

83 (1963), in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process] : evidence known to the prosecution that is favorable to a

bind over

bond to do something (as appear in court) under court authority 2 : to transfer (a case or defendant) to another forum after a finding of probable cause at a preliminary hearing NOTE: In states that require

attach

sheriff) to seize or take control of the property compare garnish, levy NOTE: A plaintiff may attach a defendant's property as a way of obtaining jurisdiction for the purpose of bringing a lawsuit or to prevent the

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assumption of risk

of being injured ;also : an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation

assistance of counsel

assistance of counsel :the help of a lawyer which a defendant in a criminal prosecution is guaranteed by the Sixth Amendment to the U.S. Constitution see also ineffective assistance

alibi

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

acquit

obligation usually used in agreements [forever release, , and discharge each other] b : to absolve (a criminal defendant) of a charge by judicial process c : to clear of wrongdoing [the fact…does not them of misrepresentation

Capias ad satisfaciendum

be arrested under this writ who was not privileged from being held to bail under a capias ad respondendum. By 7 & 8 Vict. c. 96, s. 57, this kind of execution was abolished 'in any action

mistake

or reformation of the contract b : a misconception at the time of an offense alleged by a defendant mistake of fact 1 : a mistake regarding a fact or facts esp. that significantly affects the performance

complaint

initial pleading that starts a lawsuit and that sets forth the allegations made by the plaintiff against the defendant and the plaintiff's demand for relief see also prayer, process, well-pleaded complaint rule compare answer 2 : a

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