legal practice/ethics

swearing match

A swearing match refers to a case that turns the word of one witness against another. A swearing match situation arises when two witnesses’ words irreconcilably enter into conflict. Usually, this occurs when there is no other evidence to...

swift witness

See zealous witness.

[Last updated in October of 2021 by the Wex Definitions Team]

swindle

To swindle means to dispossess someone of money or property through fraud or deceit.

[Last updated in March of 2022 by the Wex Definitions Team]

tainted evidence

In a criminal trial, tainted evidence, also referred to as evidence of taint, is evidence that was acquired by illegal means. For example, if authorities gather evidence using a wiretap without a proper warrant, the evidence will be deemed...

taking the Fifth

“Taking the Fifth" or “pleading the Fifth” are colloquial terms used to refer to an individual’s decision to invoke their right against self-incrimination under the Fifth Amendment of the United States Constitution. During questioning by...

temporary insanity

In a criminal trial, temporary insanity is a defense that can be raised to assert that, at the time of the commission of the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature or...

tender offer

Tender offer is a public offer to buy shares of a corporation, usually at above market price and with the intention of gaining controlling interest in the target corporation. An acquirer making a tender offer for more than 5% of a corporation...

test case

Test cases refer to legal actions brought with the intention of challenging or receiving clarification on a present law. The strategy usually involves creating a “controversy” to get into a court that otherwise would not lead to a legal...

textualism

Textualism is a method of statutory interpretation that asserts that a statute should be interpreted according to its plain meaning and not according to the intent of the legislature, the statutory purpose, or the legislative history.

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third-degree instruction

Third degree Instruction is an instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Also called Allen charge, dynamite charge, nitroglycerine charge, and shotgun charge....

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