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Simple English definitions for legal terms

James hearing

Read a random definition: Federalist Papers

A quick definition of James hearing:

James hearing: A court meeting to decide if statements made by someone who was part of a conspiracy can be used as evidence in a trial. The court will look at whether there was a conspiracy, if the person who made the statement and the defendant were part of it, and if the statement was made to help the conspiracy. This is based on a court case called United States v. James and a rule called Federal Rule of Evidence 801(d)(2)(E).

A more thorough explanation:

A James hearing is a legal proceeding that determines whether statements made by a co-conspirator outside of court can be used as evidence in a trial. The hearing analyzes whether there was a conspiracy, whether the person who made the statement and the defendant were part of the conspiracy, and whether the statement was made to further the conspiracy.

Two people are accused of robbing a bank. During the investigation, one of the suspects tells the police that they planned the robbery with the other suspect. At trial, the prosecution wants to use the statement made by the suspect as evidence against the other suspect. The defense argues that the statement should not be allowed because it was made outside of court and is hearsay. The judge then holds a James hearing to determine whether the statement can be used as evidence.

The James hearing would analyze whether there was a conspiracy to rob the bank, whether both suspects were part of the conspiracy, and whether the statement made by one suspect was made to further the conspiracy. If the judge determines that all three elements are met, then the statement can be used as evidence against the other suspect.

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snow
19:54
True @shaq and do it jumpy!!
20:06
Hi everyone! Decided a bit too late that I wanted to go into law. GPA currently stands at 3.76 (one more semester to go) and I'm interested in going into immigration law. Anybody got any advice for LSAT studying and applications? I plan on taking a gap year to have some time for internships and such :)
snow
20:08
Apply for the LSAT fee waiver to try to mitigate the cost of materials! 7Sage is $1 for a year if you have the fee waiver. I also think you should try to work in an immigration firm in some way to see if it’s something you really want to pursue and to add to your resume. Good luck!!! One tip I would also give is to not sign up for the LSAT until you’re practice tests average are around the score you’re aiming for
snow
20:08
Your*
snow
20:08
You got this! :)
madollyy
20:09
thank you snow <3
Dkk
20:15
@madollyy: use LSAT Demon!
Dkk
20:16
Watch their youtube channel too
madollyy
20:23
Would an internship through CHCI help my application as well?
Dkk
20:29
@madollyy: It would help as a soft but the big focus should be GPA while you can and LSAT right now. I would say GPA is 40% of the app, LSAt 50% and everything else 10%.
snow
20:31
I agree with dk ^
madollyy
20:31
Got it, thank you. I don't think there is much I can do for my GPA now since I only have 1 semester left for ug but I definitely will be studying my butt off for the LSAT.
Dkk
20:32
Nice!
madollyy
20:32
I really appreciate your advice, guys <3 Wishing you luck on your endeavors!
JumpySubsequentDolphin
20:32
@madollyy: is that your CAS GPA?
madollyy
20:33
That's what's on my transcript! I haven't done that one yet tbh. I get mostly A's, some B's. Got dragged down a bit too much from one D in my first semester though ><
JumpySubsequentDolphin
20:34
do you have any A+’s? that could help your gpa!
JumpySubsequentDolphin
20:36
bc LSAC recalculates A+ to 4.3
madollyy
20:39
Noo :( Unfortunately. I'm surprised that I don't, there were definitely some classes that I remember scoring 98-100% but it doesn't show on my transcript
madollyy
20:41
Acutally
madollyy
20:41
My university does not list A+
JumpySubsequentDolphin
20:42
yeah my university’s the same way, so frustrating! still a great GPA and with a killer LSAT score you’ll be good to go :)
JumpySubsequentDolphin
20:42
if you have the means, I’ve heard private tutoring is the way to go
madollyy
20:44
Fingers crossed! I mean I'd be so so glad to go to law school period, but I am a bit of an overachiever. Dream is Berkeley rn, but I'm of course happy to go anywhere that lines up with my plans. And is kind enough with scholarships lol
madollyy
20:44
I'll have to see if my parents are willing to support that. I'm living on my own but ik if it'd help me they'd be willing to help
JumpySubsequentDolphin
20:47
who knows, you might not even need a tutor! Take a diagnostic and see where you stand :)
Dkk
21:03
@madollyy: yeah that happend to me too with my community college transcript. You can try calling to see if they can alter your transcript but like mine would not do it.
Dkk
21:04
Ask @babycat to tutor you @madollyy
cat food is expensive tho
21:09
I HOPW THAT ISNT REAL
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