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LSDefine

Simple English definitions for legal terms

Berry rule

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A quick definition of Berry rule:

The Berry rule is a legal principle that says if someone wants a new trial because they found new evidence, they have to prove four things. First, the evidence has to be new and the person didn't know about it during the trial. Second, the evidence has to be important and not just repeating what was already said. Third, the evidence has to be strong enough to make the person not guilty. Fourth, the person can't have been lazy and not tried to find the evidence before. This rule comes from a court case called Berry v. State in 1851.

A more thorough explanation:

The Berry Rule is a legal doctrine that applies to a defendant who wants to request a new trial based on newly discovered evidence. To be successful, the defendant must prove four things:

  1. The evidence is newly discovered and was not known to the defendant at the time of the trial.
  2. The evidence is material, meaning it is important and relevant to the case, rather than just repeating what was already presented in court.
  3. The evidence will likely result in an acquittal, meaning the defendant would be found not guilty if the evidence was presented at a new trial.
  4. The defendant was not at fault for not discovering the evidence earlier, meaning they were diligent in their efforts to find it.

For example, let's say a person was convicted of a crime based on the testimony of a witness. After the trial, the defendant discovers that the witness had a history of lying and had lied in other cases. If the defendant wants to request a new trial based on this newly discovered evidence, they would need to prove that the evidence was not known to them at the time of the trial, that it is material to the case, that it would likely result in an acquittal, and that they were not at fault for not discovering it earlier.

Berne Union | Bertillon system

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im distracting myself by schizo-scrolling r/lawschoolamissions and every conceivable data point on this godforsaken website
it is not working
Haaa I naturally want to do that too. I’m trying to stop. They need a surgeon general’s warning on this site for perspective law students
i spend more time on here then anything else trying to rationalize that the waves from last year will match waves for this year (they won't) and that the stats of people with the same stats are indicative of my own (they aren't)
There aren't many people in my stat range so I pretty much know every result in my range after being on here for a few years
9:28
congrats on the 172 bruce
go dawgs fr
9:29
roll tide
do we foresee a fordham election day wave today (i'm delusional)
WorthlessAttractiveZombie
9:31
I think so, Jack
9:31
some people hate him. some people love him, but he a real one: https://youtu.be/w5oEqiVQcF4?t=173
9:32
[kevin oleary]
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
WorthlessAttractiveZombie
9:34
I mean if Fordham doesn't release today I will purposefully get on a train, go to new york, and then take the stinkiest shit inside the admission office's toilet (potentially clogging it and forcing them to get a plumber)
IS IT ONLY ON MY END WHY DID THAT SEND TEN MILLION TIMES
HELLO
WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
usc pls pull through .....
i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
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