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...
Is the lack of a driver’s license or a motorcycle endorsement admissible evidence that that person was somehow negligent in causing a collision?
Question: Is the lack of a driver’s license or a motorcycle endorsement admissible evidence that that person was somehow negligent in causing a collision?Answer: No. There must also be some evid...
Can an attorney strike a prospective juror based solely on their race, ethnicity, or gender?
Further, a number of courts require that the party opposing a peremptory strike of a juror on the basis of similar non-struck jurors must make an explicit side-by-side juror comparison to the trial co...
When should a civil trial judge grant a mistrial?
Question: When should a civil trial judge grant a mistrial?Answer: Only when less severe remedies will not satisfactorily correct an error. A mistrial is an extreme remedy that is warranted only when ...
Are photos of injuries always admissible in civil cases?
Question: Are photos of injuries always admissible in civil cases?Answer: Usually yes, but a trial court judge may rule that a photo is inadmissible when it is found to be irrelevant, immaterial and/o...
Jury deliberations relating to the removal of a juror
Question: Can a party invite error during jury deliberations relating to the removal of a juror and then appeal after the verdict does not go their way? Answer: No. At trial, a defendant argued that t...
Can judges be removed from the bench and suspended from the practice of law?
Question: Can judges be removed from the bench and suspended from the practice of law? Answer: Yes. “A judge shall respect and comply with the law and shall act at all times in a manner that pro...
What is “Contempt of Court”?
Question: What is “Contempt of Court”? Answer: It is disobedience of the court’s authority, justice and dignity. Contempt proceedings may be generally categorized as civil or crimina...
Is it a crime to allow children under 18 years of age to get a tattoo in the State of Indiana?
Question: Is it a crime to allow children under 18 years of age to get a tattoo in the State of Indiana? Answer: Yes. In Indiana, it is also clear that the tattoo artist can be charged with a crime. P...