The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense. Brady material, or the evidence the prosecutor is required to disclose under this...
evidence
burden
A burden is a generic term referring to a restriction on a use or activity. Often, the term arises in property law. For instance, real property may carry an intangible burden in the form of covenants or easements. These burdens generally...
burden of allegation
The burden of allegation, also known as the burden of pleading, refers to the plaintiff’s obligation to plead sufficient assertions of facts to support a cause of action against a defendant.
As established by the seminal...
burden of persuasion
The burden of persuasion is the requisite degree of belief a party must convince a jury that a particular proposition of fact is true. Combined with the burden of production, the burden of persuasion makes up one half of the burden of proof...
burden of production
The burden of production refers to a party's obligation to come forward with sufficient evidence to support a particular proposition of fact. The burden of production combines with the burden of persuasion to make up the burden of proof...
burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in...
business record exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
business records exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
calumny
Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) misrepresenting someone’s conduct to harm that...
carnal knowledge
Carnal knowledge is sexual intercourse between two people, typically requiring at least some slight penetration. Carnal knowledge is a necessary element of many sex crimes such as rape, child molestation, or consensual sexual relations with...