Search Results for: WITNESS STAND

lie

lie, vb. 1. To tell an untruth; to speak or write falsely (she lied on the witness stand). See PERJURY. Cf. FABRICATE. [Cases: Perjury 12. C.J.S. Perjury §§ 6–11, 17–20.] 2. To have foundation in the law; to be legally supportable, sustainable, or proper (in such a situation, an action lies in tort). 3. To

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recant

recant (ri-kant), vb. 1. To withdraw or renounce (prior statements or testimony) formally or publicly (the prosecution hoped the eyewitness wouldn’t recant her corroborating testimony on the stand). 2. To withdraw or renounce prior statements or testimony formally or publicly (under grueling cross-examination, the witness recanted). — recantation, n.

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negative evidence

Evidence suggesting that an alleged fact does not exist, such as a witness’s testifying that he or she did not see an event occur. • Negative evidence is generally regarded as weaker than positive evidence because a positive assertion that a witness saw an event is a stronger statement than an assertion that a witness

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ancient law

ancient law. The law of antiquity, considered esp. either from an anthropological standpoint or from the stand-point of tracing precursors to modern law. “Ancient law uniformly refuses to dispense with a single gesture, however grotesque; with a single syllable, however its meaning may have been forgotten; with a single witness, however superfluous may be his

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lay opinion testimony

Evidence given by a witness who is not qualified as an expert but who testifies to opinions or inferences. • In federal court, the admissibility of this testimony is limited to opinions or inferences that are rationally based on the witness’s perception and that will be helpful to a clear understanding of the witness’s testimony

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mute

mute, n. 1. A person who cannot speak. [Cases: Witnesses 229. C.J.S. Witnesses § 398.] 2. A person (esp. a prisoner) who stands silent when required to answer or plead. • Formerly, if a prisoner stood mute, a jury was empaneled to determine whether the prisoner was intentionally mute or mute by an act of

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sealed instrument

sealed instrument. At common law and under some statutes, an instrument to which the bound party has affixed a personal seal, usu. recognized as providing indisputable evidence of the validity of the underlying obligations. • The common-law distinction between sealed and unsealed instruments has been abolished by many states, and the UCC provides that the

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