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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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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