out-of-court settlement
out-of-court settlement 庭外和解 指诉讼双方当事人在无法庭参与的情况下达成和解，从而终结诉讼。
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Search Results for: OUT-OF-COURT
out-of-court settlement
out-of-court settlement 庭外解决 指当事人在无法院干涉处理案件的情况下，自己经过协商达成协议。
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james hearing
James hearing. A court proceeding held to determine whether the out-of-court statements of a coconspirator should be admitted into evidence, by analyzing whether there was a conspiracy, whether the declarant and the defendant were part of the conspiracy, and whether the statement was made in furtherance of the conspiracy. United States v. James, 590 F.2d
wade hearing
Wade hearing. Criminal law. A pretrial hearing in which the defendant contests the validity of his or her out-of-court identification. • If the court finds that the identification was tainted by unconstitutional methods, the prosecution cannot use the identification and must link the defendant to the crime by other means. United States v. Wade, 388
state of mind exception
state-of-mind exception. Evidence. The principle that an out-of-court declaration of an existing motive is admissible, even when the declarant cannot testify in person. • This principle constitutes an exception to the general rule that hearsay is inadmissible. [Cases: Criminal Law 419(2.20); Evidence 268. C.J.S. Criminal Law § 862; Evidence §§ 314–318, 325, 327–328, 330.]
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slight evidence rule
slight-evidence rule. 1. The doctrine providing that, when there is evidence establishing the existence of a conspiracy between at least two other people, the prosecution need only offer slight evidence of a defendant’s knowing participation or intentional involvement in the conspiracy to secure a conviction. • This rule was first announced in Tomplain v. United
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self serving declaration
An out-of-court statement made to benefit one’s own interest. [Cases: Criminal Law 413; Evidence 271. C.J.S. Criminal Law § 877; Evidence § 289.]
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tender years hearsay exception
A hearsay exception for an out-of-court statement by a child ten years of age or younger, usu. describing an act of physical or sexual abuse, when the child is unavailable to testify and the court determines that the time, content, and circumstances of the statement make it reliable.
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hearsay rule
The rule that no assertion offered as testimony can be received unless it is or has been open to test by cross-examination or an opportunity for cross-examination, except as provided otherwise by the rules of evidence, by court rules, or by statute. • The chief reasons for the rule are that out-of-court statements amounting to
sub judice
sub judice (s[schwa]b joo-di-see also suub yoo-di-kay), adv. [Latin “under a judge”] Before the court or judge for determination; at bar (in the case sub judice, there have been no out-of-court settlements). • Legal writers sometimes use “case sub judice” where “the present case” would be more comprehensible.