The evidentiary rule that when a piece of evidence is not itself admissible, but is ad-missible if certain other facts make it relevant, the evidence becomes admissible on condition that counsel later introduce the connecting facts. • If counsel does not satisfy this condition, the opponent is entitled to have the conditionally admitted piece of […]
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sui juris (s[y]oo-Iorsoo-ee joor-is). [Latin “of one’s own right; independent”] 1. Of full age and capacity. 2. Possessing full social and civil rights. 3. Roman law. Of or relating to anyone of any age, male or female, not in the postestas of another, and therefore capable of owning property and enjoying private-law rights. • As
shield law. 1. A statute that affords journalists the privilege not to reveal confidential sources. See journalist’s privilege under PRIVILEGE(3). [Cases: Witnesses 196. 1. C.J.S. Witnesses § 358.] “More than half of the states have ‘shield laws’ creating ‘reporters’ privileges’ that are sometimes broader than the First Amendment version of that privilege.” David A. Anderson,
red herring. 1. An irrelevant legal or factual issue, usu. intended to distract or mislead (law students should avoid discussing the red herrings that professors raise in exams). 2. See preliminary prospectus under PROSPECTUS.
impertinent matter. Procedure. In pleading, matter that is not relevant to the action or defense. • A federal court may strike any impertinent matter from a pleading. Fed. R. Civ. P. 12(f). Cf. SCANDALOUS MATTER. [Cases: Federal Civil Procedure 1127; Pleading 364(4). C.J.S. Pleading § 683.] “The court will not strike out the matter unless
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False or deceitful evidence that is unlawfully created, usu. after the relevant event, in an attempt to achieve or avoid liability or conviction. — Also termed fabricated fact.
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A complaint that modifies and replaces the original complaint by adding relevant matters that occurred before or at the time the action began. Fed. R. Civ. P. 15(d). • In some circumstances, a party must obtain the court’s permission to amend its complaint. Fed. R. Civ. P. 15(a). — Also termed substituted complaint. Cf. supplemental
unwritten law. Law that, although never enacted in the form of a statute or ordinance, has the sanction of custom. • The term traditionally includes caselaw. — Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum. “[T]he very words of the court promulgating the opinion and making the decision
probative evidence 有证明价值的证据；有证明力的证据(→relevant evidence)
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