Question: What does it mean when we refer to someone as an “egg shell thin” plaintiff?Answer: It means that plaintiff has a pre-existing medical condition which even if it was unknown to t...
Can a lawyer personally vouch for a witness in an argument to the jury?
Question: Can a lawyer personally vouch for a witness in an argument to the jury?Answer: Lawyers may not argue the credibility of witnesses at trial based upon their own personal knowledge or anything...
Can your attorney present evidence of a subsequent repair of a defective condition of something?
Question: Can your attorney present evidence of a subsequent repair of a defective condition of something like fixing crumbling stairs to the jury? Answer: Usually, the attorney may not present subseq...
When you have the burden of proof, are you entitled to do opening and closing statements?
Question: When you have the burden of proof, are you entitled to do opening and closing statements in civil and criminal cases?Answer: Yes. See below. In a criminal case after the jury is impaneled an...
What is the “Last Clear Chance Doctrine”?
Question: What is the “Last Clear Chance Doctrine”?Answer: It is a legal excuse for the plaintiff where the defendant failed to take advantage of the “chance to avoid” the inci...
May a judge find that a pit bull has dangerous or vicious propensities, even if that pit bull has never bitten/attacked a person in the past?
Question: May a judge find that a pit bull has dangerous or vicious propensities, even if that pit bull has never bitten/attacked a person in the past? Answer: Yes. Even if it is true that there was n...