fresh-complaint rule. The theory that the credibility of a sexual-assault victim is bolstered if the victim reports the assault soon after it occurs. • Most courts no longer recognize this theory. [Cases: Rape 48(1)–49, 49. 2. C.J.S. Rape §§ 62, 72–77.]
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bolster, vb. To enhance (unimpeached evidence) with additional evidence. • This practice is often considered improper when lawyers seek to enhance the credibility of their own witnesses. [Cases: Witnesses 318. C.J.S. Witnesses §§ 562–564.]
wager of law. Hist. A method of proof in which a person defends against a claim by swearing that the claim is groundless, and by enlisting others (compurgators) to swear to the defendant’s credibility. — Also termed gager del ley (gay-j[schwa]r del lay); vadiatio legis (vad-ee-ay-shee-oh lee-jis). See COMPURGATION.
Court of Delegates. Hist. Eccles. law. A court serving as the final court of appeal for admiralty and ecclesiastical matters. • The Court was established in 1534 to serve in the stead of the Papal Curia when the English Church severed its ties with the Papacy. Six delegates, appointed to hear only one case, made
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discredit, vb. To destroy or impair the credibility of (a witness, a piece of evidence, or a theory); to lessen the degree of trust to be accorded to (a witness or document). [Cases: Witnesses 330. C.J.S. Witnesses § 579.] — discredit, n.
Hist. Eccles. law. A court serving as the final court of appeal for admiralty and ecclesiastical matters. • The Court was established in 1534 to serve in the stead of the Papal Curia when the English Church severed its ties with the Papacy. Six delegates, appointed to hear only one case, made up the Court,
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smoking gun. A piece of physical or documentary evidence that conclusively impeaches an adversary on an outcome-determinative issue or destroys the adversary’s credibility.
rehabilitation, n. 1. Criminal law. The process of seeking to improve a criminal’s character and outlook so that he or she can function in society without committing other crimes (rehabilitation is a traditional theory of criminal punishment, along with deterrence and retribution). Cf. DETERRENCE; RETRIBUTION(1). [Cases: Sentencing and Punishment 45. C.J.S. Criminal Law §§ 1458,