Question: What is a “recorded recollection” and how does it relate to the hearsay rule? Answer: This rule allows a witness to refresh their recollection from a writing and potentially put that wri...
What is the “Golden Rule” and are attorneys allowed to use it during their closing arguments?
Question: What is the “Golden Rule” and are attorneys allowed to use it during their closing arguments? Answer: The “Golden Rule” is a rule from the Bible that states “do unto others as you ...
What do you have to prove in order to establish a claim of false imprisonment?
Question: What do you have to prove in order to establish a claim of false imprisonment? Answer: The tort of false imprisonment occurs when there is an (1) unlawful (2) restraint (3) upon one’s free...
What does a separation of witnesses mean in a trial?
Question: What does a separation of witnesses mean in a trial? Answer: The purpose of a separation of witnesses order is to prevent the testimony of one witness from influencing that of another. Once ...
How certain does an expert need to be to give an opinion at trial?
Question: How certain does an expert need to be to give an opinion at trial? Answer: It depends. See below. The standard for admissibility of expert witness evidence and the degree of certainty with w...
What are “Learned Treatises” and are they admissible in court?
Question: What are “Learned Treatises” and are they admissible in court?Answer: Yes, they are admissible in order to test the learning of a witness who testifies as an expert, to refer to ...
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...
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...
What is a “motion in limine”?
Question: What is a “motion in limine”? Answer: It is a preliminary ruling by the judge on what evidence may or may not be presented to the jury. A ‘motion in limine’ is a moti...