Trial Lawyer - Law Dictionary Search Results
special court-martial
special court-martial : a court-martial that consists of at least three officers, a trial judge advocate, and a defense counsel and that has authority to impose a limited sentence and hear only noncapital cases compare general court-martial, summary court-martial ...
Brief
Brief [fr. brevis, Lat.; brief, Dutch, a letter], an abbreviated statement of the pleadings, proofs, and affidavits in any legal proceeding, with a concise narrative of the facts and merits of the plaintiff's case, or the defendant's defence, for the instruction of counsel at the trial or hearing. See BARRISTER.Also a document bearing the royal signature addressed to bishops and clergy, authorizing the collection in churches of money for charitable purposes therein mentioned. The issue of such documents was regulated by 4 Anne, c. 14, repealed by 9 Geo. 4, c. 42, and is still legal, though disused for many years.Brief, is a breviated statement of a case which comprises a barrister's instructions to appear at a hearing. It contains all the information and papers to be used by the barrister to conduct the case, including proofs of all witnesses' evidence. Acceptance of brief does not give rise to any contractual obligation between a barrister and either the professional or lay client, Ha...
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....
Crown Solicitor
Crown Solicitor. In Ireland there were officrs called Crown solicitors attached to each circuit, whose duty it was to get up every case for the Crown in criminal prosecutions. They were paid by salaries. In Scotland the still better plan exists of a Crown prosecutor (called the Procurator-Fiscal, and being a subordinate of the Lord-Advocate) in every county, who prepares every criminal prosecution. As to England, see PUBLIC PROSECUTOR....
Increase, affidavit of
Increase, affidavit of. Affidavit of payment of in-creased costs, produced on taxation. 'Of the costs of the pleadings, and the office fees of the proceed-ings, in the cause down to trial, the record will, in general, sufficiently inform the taxing-master; but the amount of the costs of the trial, including the evidence and the suspending of and any payment to witnesses, counsel, and Court fees, must be supported by affidavit, commonly called the 'Affidavit of Increase' Gray on Costs. See also Annual Practice, 1937, R.S.C. Ord. LXV., r. 16, and note. For forms of affidavit, see Chitty's Forms and Scott on Costs....
Reply
Reply, the response of the opening counsel on a trial, which is only allowed when evidence has been given in answer to the case first stated, except in the case of the Crown, which is always entitled to reply. See Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), which applies to civil as well as criminal cases.Also the pleading of the plaintiff which follows the defendant's statement of his defence or counter-claim (see R.S.C. 1883, Ord. XXIII.), by which (r. 1), where plaintiff desires to deliver a reply, he shall deliver it within seven days from the delivery of the defence; (r. 2), when a counterclaim is pleaded, a reply thereto shall be subject to the rules applicable to defences. See ISSUE and PLEADING.In federal practice, the plaintiff's response to the defendant's counterclaim (or, by court order, to the defendant's or a third party answer), Black's Law Dictionary, 7th Edn., p. 1302....
accused
accused pl: accused : a person who has been arrested for or formally charged with a crime : the defendant in a criminal case [the shall enjoy the right to a speedy and public trial "U.S. Constitution amend. VI"] NOTE: Certain rights guaranteed by the Constitution, such as the right to counsel, become effective once a person is characterized as an accused. ...
appellate brief
appellate brief Written arguments by counsel required to be filed with appellate court on why the trial court acted correctly (appellee's brief) or incorrectly (appellant's brief). Source: FindLaw ...
manifest necessity
manifest necessity : a circumstance (as an incurable pleading defect, the unavailability of an essential witness, juror misconduct, or illness of counsel) which is of such an overwhelming and unforeseeable nature that the conduct of trial or reaching of a fair result is impossible and which necessitates the declaration of a mistrial NOTE: If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy. ...
reasonable probability
reasonable probability : a probability that the result of a proceeding would have been different if not for the unprofessional errors of counsel or nondisclosure of exculpatory material by the prosecution which is sufficient to undermine confidence in the outcome ...
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