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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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19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
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My crypto also flows in 5 day epochs too.
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what do you do with your days as an unemployed crypto guy? do you play an instrument or something
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please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
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when u get one wrong ;(
therapist slander detected
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20:37
Anyone got any polymarket locks
1a2b3c4d26z
20:37
Is anyone in here cool like fr cool
1a2b3c4d26z
20:37
Like watch college football cool
1a2b3c4d26z
20:37
Or like
1a2b3c4d26z
20:38
Frat
1a2b3c4d26z
20:39
Sorry guys I'm bored trying to get my Berkeley essay to 4 pages
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no way they want four pages that’s crazy
20:41
bitches wanna be different sooo bad 😴
1a2b3c4d26z
20:42
Technically they want 3 to be completely fair to the powers that be, so I'm really trying to push out to 3
1a2b3c4d26z
20:42
But it's 1/2 inch margins
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assuming it was 2 already, you’ve totally got 3 double spaced pages in you
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should I watch the quirky umich dean videos? i feel like all of you have seen them except me but I can’t work up any enthusiasm for the idea
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20:54
I like Dean Z not sure why she gets slandered sometimes
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20:54
I would say yeah, they're helpful. But they can verge on unproductive and stress-inducing if you watch enough of them (especially the application read-through ones)
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