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Simple English definitions for legal terms

avowal

Read a random definition: quoad maritum

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.

aviation | avulsion

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18:03
@IrishDinosaur: you inspire me and my completely misguided cope that I might ever get into UCLA
Super big congrats irish!!!
Also pretty much agree with Wasp. I think it’s more about getting the political/judicial position as a Fedsoc member that will likely require a stance siding with whatever the conservative majority party is at that time.
texaslawhopefully
18:07
Yeah, that's fair. I guess I need to think about it more assuming I start law school in the fall. I really want to clerk and that seems like the best option.
BUT i think once you get the position, you’ll have more leeway in making decisions more liberally. Sort of like how ACB and Gorsuch sometimes swing left after being portreayed in the media as far right (not sure if that was actually the case though).
From the perspective of someone who interned at the White House, I will add that my bosses always told me to “be careful about my resume.” Don’t want to align with any org that doesn’t fit your values because you won’t be trusted by the other side until you show them you’re legit again, and word travels in DC.
texaslawhopefully
18:10
I mean I highly highly doubt I'll become a federal judge, it's more just about getting a leg up in getting opportunities in the first place
Not sure how that true that is in practice and sorry for the long messages💀
texaslawhopefully
18:10
And, yeah, that's fair. Right now my resume probably looks like it's from someone who is center-right
Honestly, it just depends on your values. If you ever see yourself being a dem member in any capacity, then MAYBE stay away. But like you just said, there’s a possibility to look moderate with the right WE post law school.
texaslawhopefully
18:12
Yeah, that's true as well. As a side note, it's very cool you interned with the white house, I know those internships are incredibly hard to get
Dkk
18:12
A lot of conservativism right now is also just be as aggressive and unwilling to compromise in decision making right now because the left is out there in lets appeal to 1% of the population land so proposals brought to the table by them are 1, insane and 2, all or nothing proposals with no compromise.
Dkk
18:12
It's a bad time to be partisan really in any way.
I had to apply 4 times and got off the WL so I barely got it. It was a cool exp but def not any work crazier than you would see on capitol hill or any political org imo.
texaslawhopefully
18:14
It def looks great on your resume though
Yeah thats why i did it😂 it was a crazy time bcuz i had to commute from 2 hrs away since i was paying rent in madison and i couldnt afford another apt in DC
Never again.
18:23
Bro has White House internship
18:23
GG
18:23
Any advice for the pleb legal assistants?
jackfrost11770
18:24
the 1% argument is crazy dk
Even the the wh internship is good on the resume, the legal assistant work is more practical. It was tuff to make a why law with no direct law exp
@KnowledgeableRitzyWasp: yooo i got a BL interview on monday even with ass grades somehow lol
jackfrost11770
18:25
only 5% of the country identifies as queer. about 12% percent of the US identifies as black. are those numbers low enough for that argument too like what
Just glad the biden admin existed durin my time in college bcuz they had a focus on not being elitist. Prbly never wouldve got it as a normal, low-income uw madison student in the prior admins
jackfrost11770
18:26
that's why we don't get funding for things like rare disease research because no one gaf about people if you can use that stupid ass analogy
18:26
UCSD Represent 🔥
Dkk
18:26
@jackfrost11770: Well, those are pretty low numbers and if we take the assumption that a lot of people are single issue voters then I think so.
jackfrost11770
18:26
??? what does that even mean
jackfrost11770
18:26
im not even gonna lmfao bye
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