Search Results for: court witness

subsellia

subsellia (s[schwa]b-sel-ee-[schwa]), n. [Latin fr. sub “under” + sella “seat”] Roman law. Lower seats in a court, usu. occupied by the parties or their witnesses, as distinguished from the seat of the tribunal.

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hydraflow test

Hydraflow test. A principle for deciding when an inadvertent disclosure of a privileged document is a waiver of the attorney–client privilege, whereby the court considers the reasonableness of the precautions taken to prevent the inadvertent disclosure, the number of disclosures involved, the extent of the disclosure, the promptness of any efforts to remedy the disclosure,

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subject matter test

subject-matter test. A method of determining whether an employee’s communication with a corporation’s lawyer was made at the direction of the employee’s supervisors and in the course and scope of the employee’s employment, so as to be protected under the attorney–client privilege, despite the fact that the employee is not a member of the corporation’s

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forum non conveniens

forum non conveniens (for-[schwa]m non k[schwa]n-vee-nee-enz). [Latin “an unsuitable court”] Civil procedure. The doctrine that an appropriate forum — even though competent under the law — may divest itself of jurisdiction if, for the convenience of the litigants and the witnesses, it appears that the action should proceed in another forum in which the action

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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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competence

competence, n. 1. A basic or minimal ability to do something; qualification, esp. to testify (competence of a witness). [Cases: Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.] 2. The capacity of an official body to do something (the court’s competence to enter a valid judgment). 3. Authenticity (the documents were supported by a business-records

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dedimus potestatem

dedimus potestatem (ded-[schwa]-m[schwa]s poh-tes-tay-t[schwa]m). [Law Latin “we have given power”] 1. A commission issuing from the court before which a case is pending, authorizing a person named in the commission to compel the attendance of certain witnesses, to take their testimony on the written interrogatories and cross-interrogatories attached to the commission, to reduce the answers

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cite

cite, n. See CITATION(3). cite, vb. 1. To summon before a court of law (the witness was cited for contempt). 2. To refer to or adduce as precedent or authority (counsel then cited the appropriate statutory provision). 3. To commend or honor (the soldier was cited for bravery).

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second chair

second chair, n. A lawyer who helps the lead attorney in court, usu. by examining some of the witnesses, arguing some of the points of law, and handling parts of the voir dire, opening statement, and closing argument (the young associate was second chair for the fraud case). — second-chair, vb.

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