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Simple English definitions for legal terms

James hearing

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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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@jackfrost11770: FUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUu
jackfrost11770
17:08
FUCK THE NYPD
WASP HAHAHAHAHHA
texaslawhopefully
17:08
Estimates are about 4k fruitbat
YRDSL
17:08
im a 1 issue voter - if i want someone to be elected i vote for them
woof
texaslawhopefully
17:08
I've seen some that could be as high as 7k though
17:08
@jackfrost11770: ya prolly don't buy any lotto tickets tonite
get on that trump coin before the rug pull lol
Dkk
17:09
@BigStrongBug: I don't consider myself a one issue voter but if I had to pick one it would be gender relations.
i am a one issue voter for the economy, which is why i voted harris
texaslawhopefully
17:10
Here's a fairly well respected estimate fruitybat: The proposed tariffs could cost consumers an additional $2,500 to $7,600 a year per household, according to estimates, said Jonathan Gold, vice president of supply chain and customs policy for the National Retail Federation.
i am a voter so i voted
17:11
Lol what does gender relations mean
17:11
Like are you anti gay marriage?
texaslawhopefully
17:11
@Dkk: So you care about gender relations over the Constitution, institutional stability, the economy, political norms, etc.?
blue collar trump voters are gonna blame anything but him anyway when the price of their household consumption goes through the roof. I wonder how they'll spin that narrative.
17:11
Or are you an all inclusive hater and include trans folks too
texaslawhopefully
17:12
Even if you have conservative social values you still shouldn't like Trump lol, but that's a whole diff convo
I love when people prefer putting not talking about gender in schools at the top of the agenda instead of dealing with school shootings
this is going to blow your mind but once you realize women and men are more similar than different you will drown in pussy or dick
17:12
@HopefullyInLawSchool: $45k @ KS is really good. $145k is to attend it is not a bad deal
facts knowledgeable
Also love how he put an EO to leave the Paris climate agreement in the midst of the LA wildfires and places who haven’t gotten snow in 15 years now getting storms
@llama: it would only be 17,000 ish per year
17:15
yeah and i think after 1L u get in state? not certain
I dont think so based on my very brief research
17:16
hmm I know some school offer that in their offer (I also believe KS does not negotiate) but I wonder which schools would reconsider with a condition of in state after 1L yr?
Dkk
17:17
@texaslawhopefully: Not necessarily but I believe what Aristotle used to say. He used to say you could not have a functioning political system if you can not get gender relations right. Or essentially that.
KS does negotiate! I got an email saying theyre doing it for the first time this year
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