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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.

aviation | avulsion

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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