A fact that must be accepted for a claim or defense to prevail. For instance, a jury must accept the ultimate fact that X caused Y's death to convict X of a homicide offense. An ultimate fact is usually inferred from a number of supporting...
evidence
unreasonable
The term “unreasonable” refers to any action or result that exceeds a reasonable expectation, or refers to anything beyond what would be considered “common sense.” In criminal cases, the prosecutor should explain the evidence so clearly that...
upon information or belief
Phrase often used in pleadings and affidavits under oath to qualify a statement or allegation so as to protect the speaker from perjury.
warrantless
Warrantless means that government officers carry out a search or arrest without a warrant or any other legal authorization. The requirement of a warrant serves to protect individuals’ privacy interests against unreasonable governmental...
weight of evidence
Weight of evidence is the believability or persuasiveness of evidence in probative value, not the quantity or amount of evidence. Weight of evidence is not determined by mathematics, but depends on its effect in inducing belief. In State v....
weight of the evidence
The degree to which evidence convinces triers of fact to either accept or reject a factual assertion. Sometimes, the phrase refers to the strength of a single piece of evidence. At other times, the phrase refers to the whole set of evidence presented...
wiretapping
Wiretapping is the act of recording communications between parties, often without their consent. While wiretaps can be a powerful tool for authorities conducting criminal investigations, they are also legally at odds with the right to privacy...
witness
In legal proceedings, witnesses can serve as sources of evidence, offering firsthand accounts that can corroborate or refute claims made by parties involved. Their testimony can influence the outcome of a case by providing insights that might...
witness tampering
The act of obstructing justice by improperly interacting with a witness before or after trial. Examples include influencing, threatening, harassing, or physically harming the witness.
zealous witness
A zealous witness is someone whose testimony is clearly biased in favor of the party for whom they are testifying. This is usually the case when a witness shows far more than expected enthusiasm when providing testimony.
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