Search Results for: CREDIBILITY

fact finding

fact-finding. 1. The process of taking evidence to determine the truth about a disputed point of fact. 2. Int’l law. The gathering of information for purposes of international relations, including the peaceful settlement of disputes and the supervision of international agreements. • Examples of fact-finding include legislative tours and the acquisition of information required for

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cross examination

cross-examination, n. The questioning of a witness at a trial or hearing by the party opposed to the party who called the witness to testify. • The purpose of cross-examination is to discredit a witness before the fact-finder in any of several ways, as by bringing out contradictions and improbabilities in earlier testimony, by suggesting

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demeanor

demeanor. Outward appearance or behavior, such as facial expressions, tone of voice, gestures, and the hesitation or readiness to answer questions. • In evaluating credibility, the jury may consider the witness’s demeanor. [Cases: Witnesses 315. C.J.S. Witnesses § 567.]

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presentment warranty

An implied promise concerning the title and credibility of an instrument, made to a payor or acceptor upon presentment of the instrument for payment or acceptance. UCC § 3-417. [Cases: Banks and Banking 149, 174; Bills and Notes 296, 326. C.J.S. Banks and Banking §§ 416, 419, 421–434, 437–438; Bills and Notes; Letters of Credit

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hearsay

hearsay. 1. Traditionally, testimony that is given by a witness who relates not what he or she knows personally, but what others have said, and that is therefore dependent on the credibility of someone other than the witness. • Such testimony is generally inadmissible under the rules of evidence. 2. In federal law, a statement

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swearing match

swearing match. A dispute in which determining a vital fact involves the credibility choice between one witness’s word and another’s — the two being irreconcilably in conflict and there being no other evidence. • In such a dispute, the fact-finder is generally thought to believe the more reputable witness, such as a police officer over

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