Search Results for: BIAS

rule of necessity

rule of necessity. A rule requiring a judge or other official to hear a case, despite bias or conflict of interest, when disqualification would result in the lack of any competent court or tribunal. — Often shortened to necessity. [Cases: Judges 39. C.J.S. Judges §§ 62, 98, 100–102, 107.]

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juror

juror (joor-[schwa]r alsojoor-or). A person serving on a jury panel. — Also formerly termed layperson; juryman; jurator. grand juror. A person serving on a grand jury. petit juror (pet-ee). A trial juror, as opposed to a grand juror. presiding juror. The juror who chairs the jury during deliberations and speaks for the jury in court

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contemporary community standards

contemporary community standards. The gauge by which a fact-finder decides whether material is obscene, judging by its patent offensiveness and its prurience in the locale at a given time. See OBSCENITY(1). [Cases: Obscenity 1. C.J.S. Obscenity §§ 1–8.] “Both pruriency and patent offensiveness are determined by ‘contemporary community standards.’ But what is the relevant community?

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emotional incapacity

emotional incapacity. 1. The inability to control one’s emotions or express appropriate emotions because of a mental disorder. 2. Hist. Evidence. (Of a witness) hostility or partiality rooted in bias, corruption, or interest. • At common law, an interested witness was not competent to testify on grounds of emotional incapacity. See State v. Craft, 41

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