courts and procedure

preponderance of the evidence

Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a proposition by the preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.

...

present recollection refreshed

Present recollection refreshed is a type of aid available to a witness during their testimony; the other type of aid is past recollection recorded. Rule 612 of the Federal Rules of Evidence addresses present recollection refreshed.

...

present sense impression

Under the Federal Rules of Evidence, a present sense impression is a statement that describes an event while it was occurring or immediately thereafter.

The Ohio Supreme Court cited Rule 803(1) of the Federal Rules of...

presumption

Presumption is a legal inference that must be made in light of certain facts. For example, in the case of In Interest of Keiss, the Appellate Court of Illinois, Third District defined presumption as a legal inference; a party challenging it...

pretrial

Pretrial, also called pretrial conference or pretrial review, is a hearing prior to trial, which all parties involved in the trial attempt to determine the issues, laws, or facts matter, before the court trial. It would be held when all...

pretrial lineup

Pretrial lineup is a procedure where police officers place an alleged criminal in a line with several other individuals to allow a witness or victim the opportunity to identify the alleged criminal. As noted by the U.S. Supreme Court in...

prima facie

Prima facie is a Latin term that translates to “at first sight” or “based on first impression.” The phrase “prima facie” is used as an adjective or an adverb. As an adjective, prima facie describes a fact or presumption that is sufficient to...

prima facie case

A prima facie case is when a party brings a lawsuit with sufficient evidence that it should go to trial or reach a judgment.

[Last updated in December of 2023 by the Wex Definitions Team]

primary liability

Primary liability refers to an obligation for which a party is directly responsible for.

Secondary liability, on the other hand, refers to an obligation that falls on another party if the directly responsible party fails to...

privacy

Overview:

There is a long and evolving history regarding the right to privacy in the United States. In the context of American jurisprudence, the Supreme Court first recognized the “right to privacy” in Griswold v. Connecticut (1965). Before...

Pages