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Simple English definitions for legal terms
failure of record
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A quick definition of failure of record:
Failure of record refers to a situation in a trial where a party is unable to produce a record to prove their argument. This means that they have no evidence to support their claim, and the other party may be entitled to summary judgment. A trial is a formal examination of evidence and legal claims in a court case, and there are different types of trials, such as bench trials (where a judge decides both fact and law) and jury trials (where a jury decides factual issues). A new trial may be ordered if there are errors in the previous trial, and a trial in absentia is held without the accused being present.A more thorough explanation:
Definition: In a trial by record, failure of record refers to a party's inability to produce the record and thereby prove a pleading, resulting in an absence of proof to support a party's pleading. This can lead to the other party being entitled to summary judgment.
Example: In a court case, the plaintiff claims that the defendant owes them money. The defendant denies owing any money and demands proof. The plaintiff claims that there is a record of the debt owed, but fails to produce it in court. This is an example of failure of record, as the plaintiff is unable to prove their claim due to the absence of the record.
This example illustrates how failure of record can impact a court case and the importance of having proper documentation to support legal claims.