A swearing match refers to a case that turns the word of one witness against another. A swearing match situation arises when two witnesses’ words irreconcilably enter into conflict. Usually, this occurs when there is no other evidence to...
trial process/advocacy
test case
Test cases refer to legal actions brought with the intention of challenging or receiving clarification on a present law. The strategy usually involves creating a “controversy” to get into a court that otherwise would not lead to a legal...
trial de novo
A trial de novo is a new trial on an entire case, where both questions of fact and issues of law are determined as if there had been no trial in the first instance. A trial de novo is typically used to challenge awards found in arbitration...
trial judge
Trial judge is the judge of a trial court. Cases must be heard by the trial judge before reaching appellate courts. The trial judge will decide motions to dismiss, rule on whether evidence is admissible or not, empanel the jury, preside over...
trial practice
Trial practice refers to the procedures and strategies employed by attorneys and other legal professionals during the preparation for and conduct during a trial. It encompasses all the activities involved in presenting a case in court, from...
warrantless
Warrantless means that government officers carry out a search or arrest without a warrant or any other legal authorization. The requirement of a warrant serves to protect individuals’ privacy interests against unreasonable governmental...
witness
In legal proceedings, witnesses can serve as sources of evidence, offering firsthand accounts that can corroborate or refute claims made by parties involved. Their testimony can influence the outcome of a case by providing insights that might...
writ of coram nobis
A writ of coram nobis is a writ of error issued by the court to correct errors of law in its own judgment. It is a common law tradition that allows the court to correct its judgment and administer justice should facts that would have changed...
writ of coram vobis
A writ of coram vobis is a directive from an appellate court to a lower court to review its decision in a case due to the presence of a fact which existed during consideration of the initial case, but was missing from the record due to some...