Avowal is a declaration made by an attorney during the trial process. This is an open declaration by an attorney representing a party in a lawsuit, made after the jury has been removed from the courtroom, that requests the admission of...
EVIDENCE LAW
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“Clear and convincing evidence” is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet...
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The “Daubert Standard” provides a systematic framework for a trial court judge to assess the reliability and relevance of expert witness testimony before it is presented to a jury. Established in the 1993 U.S. Supreme Court case Daubert v....
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A dying declaration is defined as a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant's death), who made the statement under a belief of certain or impending death. The statement must...
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Fruit of the poisonous trees is a doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted,...
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Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts, which is then offered in evidence to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it...
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On August 27, 1998, seven police officers went to Petitioner Booker T. Hudson’s (“Hudson”) Detroit, Michigan home to execute a search warrant. Hudson, Booker v. Michigan, 2005, Medill School of Journalism, at<http://docket.medill.northwestern.edu/...