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In law, rebuttal is a form of evidence that is presented to contradict or nullify other evidence that has been presented by an adverse party. By analogy the same term is used in politics and public affairs to refer to the informal process by which statements, designed to refute or negate specific arguments (see Counterclaim) put forward by opponents, are deployed in the media.
The Federal Rules of Evidence define hearsay as: A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)). [2] The "declarant" is the person who makes the out-of-court statement. (F.R.E. 801(b ...
Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, even if one party wishes to plead evidence to the contrary. Judicial notice is frequently used for the simplest, most obvious common sense facts, such as which day of the week corresponded to a particular ...
This power “includes the discretion to disallow evidence at the rebuttal stage that might properly have been offered on the case in chief. People v. Novak, 41 Misc. 3d 1203(A), ...
It can either be proved by clear and convincing evidence or by a preponderance of the evidence. In this respect, affirmative defenses differ from ordinary defenses [claim of right, alibi, infancy, necessity, and self-defense (which is an affirmative defense at common law)], which the prosecution has the burden of disproving beyond a reasonable ...
In policy debate, the rebuttal speeches are the last four speeches. Unlike the constructive speeches, rebuttal speeches are not followed by a cross-examination period. In high school, rebuttals are usually five minutes long (with the exception of certain states and organizations that use four minute rebuttals). [16]
Section 7(c) provides further that "Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The Manual continues:
If the witness is a person other than the defendant, the evidence of the prior felony conviction for a crime not involving dishonesty or false statement is admissible unless the party objecting to the evidence succeeds in the more difficult task of proving that the probative value of the felony conviction is substantially outweighed by the ...