preponderance of the evidence. The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair […]
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motion for judgment as a matter of law. A party’s request that the court enter a judgment in its favor before the case is submitted to the jury, or after a contrary jury verdict, because there is no legally sufficient evidentiary basis on which a jury could find for the other party. • Under the
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administrative proceeding. A hearing, inquiry, investigation, or trial before an administrative agency, usu. ad-judicatory in nature but sometimes quasi-legislative. — Also termed evidentiary hearing; full hearing; trial-type hearing; agency adjudication. [Cases: Administrative Law and Procedure 309, 341–513. C.J.S. Public Administrative Law and Procedure §§ 71, 76–171.]
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reasonable-inference rule. An evidentiary principle providing that a jury, in deciding a case, may properly consider any reasonable inference drawn from the evidence presented at trial. Cf. PYRAMIDING INFERENCES, RULE AGAINST. [Cases: Criminal Law 559; Evidence 595. C.J.S. Criminal Law § 1096; Evidence §§ 1300, 1341.]
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motion for judgment of acquittal. A criminal defendant’s request, at the close of the government’s case or the close of all evidence, to be acquitted because there is no legally sufficient evidentiary basis on which a reasonable jury could return a guilty verdict. • If the motion is granted, the government has no right of
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The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to
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sidebar conference. 1. A discussion among the judge and counsel, usu. over an evidentiary objection, outside the jury’s hearing. — Also termed bench conference. [Cases: Trial 18, 50. C.J.S. Trial §§ 91–92, 176.] 2. A discussion, esp. during voir dire, between the judge and a juror or prospective juror. — Often shortened to sidebar.
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Criminal procedure. A hearing designed to bring judicial oversight over criminal cases at an early stage to make certain that the cases are being handled expeditiously and properly. • At an omnibus hearing, the court is primarily interested in ensuring that discovery is being conducted properly, that any necessary evidentiary hearings have been scheduled, and
adminiculum (ad-m[schwa]-nik-y[schwa]-l[schwa]m), n. [Latin “support”] Roman law. Legal or evidentiary means of supporting one’s case; ADMINICLE.
exhibit list. 1. A pretrial filing that identifies by number and description the exhibits that a party intends to offer into evidence at trial. • Courts often require the exchange of exhibit lists before trial so that evidentiary disputes can be resolved with minimal disruption in the course of a jury trial. [Cases: Federal Civil