Search Results for: IMPARTIAL

comparative disparity

comparative disparity. Constitutional law. The percentage of underrepresentation of a particular group among potential jurors on a venire, in comparison with the group’s percentage of the general population. • Comparative disparity is calculated by subtracting a group’s percentage of representation on the venire from the group’s per-centage of the population — that is, calculating the

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fair

fair, adj. 1. Impartial; just; equitable; disinterested (everyone thought that Judge Jones was fair). 2. Free of bias or prejudice (in jury selection, the lawyers tried to select a fair and impartial jury). fair, n. Hist. A privileged market for the buying and selling of goods. • A fair was an incorporeal hereditament granted to

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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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public hearing

A hearing that, within reasonable limits, is open to anyone who wishes to observe. • Such a hearing is often characterized by the right to appear and present evidence in a case before an impartial tribunal. [Cases: Administrative Law and Procedure 473. C.J.S. Public Administrative Law and Procedure §§ 136, 138–139.]

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independent advice

independent advice. Counsel that is impartial and not given to further the interests of the person giving it. • Whether a testator or donor received independent advice before making a disposition is often an important issue in an undue-influence challenge to the property disposition. — Also termed proper independent advice.

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absolute disparity

absolute disparity. Constitutional law. The difference between the percentage of a group in the general popula-tion and the percentage of that group in the pool of prospective jurors on a venire. • For example, if Afri-can-Americans make up 12% of a county’s population and 8% of the potential jurors on a venire, the absolute disparity

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expert

expert, n. A person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600,

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