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Simple English definitions for legal terms

avowal

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A quick definition of avowal:

Avowal: An avowal is a statement made by a lawyer during a trial. It is made after the jury has left the courtroom and asks for certain testimony from a witness to be admitted as evidence, even if it was previously objected to. This helps the lawyer to show what the witness would have said if they were allowed to answer the question. It also gives the lawyer a chance to offer evidence that contradicts the disputed testimony. An avowal can be made orally or in writing, and it is used as a record of the witness's response if there is an appeal.

A more thorough explanation:

Avowal is a declaration made by an attorney during a trial. It is a statement made by the attorney representing a party in a lawsuit, after the jury has been removed from the courtroom. The purpose of an avowal is to request the admission of particular testimony from a witness that would otherwise be inadmissible because it has been successfully objected to during the trial.

There are two main purposes of an avowal:

  • It allows the attorney to have the court learn what a witness would have replied to a question had opposing counsel not made an objection to the question sustained by the court.
  • It provides the interrogator with an opportunity to offer evidence that contradicts the disputed testimony.

For example, if a witness is asked a question during a trial, and the opposing counsel objects to the question, the judge may sustain the objection and not allow the witness to answer. The attorney can then make an avowal, which is a statement that tells the court what the witness would have said if they were allowed to answer the question. This can be important if the testimony is crucial to the case.

An avowal can be stated either orally or in writing, depending on the preference of the court. However, some courts have a preference for an oral avowal.

If, upon appeal, an appellate court decides that a witness should have been allowed to respond to such questions before a jury, an avowal will be a record of the witness's response.

Overall, an avowal is a tool that attorneys can use to ensure that important testimony is heard by the court, even if it was initially objected to by opposing counsel.

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RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
TrumpSucks
19:58
@steelrift99: Same for me at Arizona
TrumpSucks
20:00
It is frustrating when people are admitted who applied after you. But that’s just part of the game I guess
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