Under the Federal Rules of Evidence, a hearsay exception exists that allows a witness to read a writing to the jury if: (1) the witness once had personal knowledge of the writing; (2) if the witness now forgets the writing and showing the writing to...
evidence
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At approximately 3:00 a.m. on August 15, 2008, the Nashua Police Department responded to a report that a black man was trying to enter vehicles in a parking lot behind an apartment building. See Brief of Petitioner at 2. Officer Nicole Clay arrived at...
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Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a...
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Under the Federal Rules of Evidence, a witness must testify from the basis of their current recollection, they cannot read from a document. However, if a witness forgets something they at one time knew and had personal knowledge of, they may be shown a...
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Under the Federal Rules of Evidence, a present sense impression is defined as a statement that describes an event while it was occurring or immediately thereafter. A statement that qualifies as a present sense impression is admissible as an exception...
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Prima facie is Latin for "at first sight."
OverviewPrima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima...
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A process used at trial after a witness's credibility has been attacked through impeachment to rehabilitate the witness's credibility. A witness is rehabilitated either by introducing evidence of the witness's good character for truthfulness and...
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Evidence that has some tendency to prove or disprove a particular disputed fact.
See relevant.
[Last updated in November of 2021 by the Wex Definitions Team]
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Res ipsa loquitur is Latin for "the thing speaks for itself."
Overview In tort law, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable... (Wex page)
Res judicata translates to "a matter judged."
OverviewGenerally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. "Finality" is the term which refers to when a court renders a...