In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination and may be followed by a redirect. A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.
A mock trial is an act or imitation trial. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate court hearings. Attorneys preparing for a real trial might use a mock trial consisting of volunteers as role players to test theories or experiment with each other. Mock trial is also the name of an extracurricular program in which students participate in rehearsed trials to learn about the legal system in a competitive manner. Interscholastic mock trials take place on all levels including primary school, middle school, high school, college, and law school. Mock trial is often taught in conjunction with a course in trial advocacy or takes place as an after school enrichment activity. Some gifted and talented programs may also take place in one.
A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual technology to permit everyone present to clearly hear testimony and see exhibits.
A closing argument, summation, or summing up is the concluding statement of each party's counsel reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence. A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing arguments, except for egregious behavior. However, such objections, when made, can prove critical later in order to preserve appellate issues.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.
Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and continuing legal education programs. It may also be taught in primary, secondary, and undergraduate schools, usually as a mock trial elective.
Capitol Records, Inc. v. Thomas-Rasset was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable to the plaintiff record company for making 24 songs available to the public for free on the Kazaa file sharing service and ordered to pay $220,000.
No case for the defendant to answer is a term in the criminal law of some Commonwealth states, whereby a defendant seeks acquittal without having to present a defence, because of the insufficiency of the prosecution's case. The motion is infrequently used in civil cases where the defendant asserts that the plaintiff's case is insufficient to prove liability.
United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution; federal and state statutes; federal and state rules of criminal procedure ; and state and federal case law. Criminal procedures are distinct from civil procedures in the US.
The Wisconsin circuit courts are the general trial courts in the state of Wisconsin. There are currently 69 circuits in the state, divided into 9 judicial administrative districts. Circuit court judges hear and decide both civil and criminal cases. Each of the 249 circuit court judges are elected and serve six-year terms.
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts claiming more than $50, which are tried de novo in the Circuit Courts.
A political defense is a defense to a criminal charge in which the defendant asserts at trial the political motivations behind the allegedly criminal conduct. In some circumstances, the defendant might assert political motivations in order to seek acquittal. In other circumstances, defendants might not have a realistic hope of acquittal but may nevertheless use the trial as a forum for expressing political views.
Glasser v. United States, 315 U.S. 60 (1942), was a landmark decision of the US Supreme Court on two issues of constitutional criminal procedure. Glasser was the first Supreme Court decision to hold that the Assistance of Counsel Clause of the Sixth Amendment required the reversal of a criminal defendant's conviction if his lawyer's representation of him was limited by a conflict of interest.
In court proceedings in the United States, a Perry Mason moment is said to have occurred whenever information is unexpectedly, and often dramatically, introduced into the record that changes the perception of the proceedings greatly and often influences the outcome. Often it takes the form of a witness's answer to a question, but it can sometimes come in the form of new evidence. It takes its name from Perry Mason, a fictional character in novels and stories written by Erle Stanley Gardner, where such dramatic reversals occurred, often in the form of witnesses confessing to crimes others were accused of in response to the sudden exposure of an inconsistency in their alibi.
