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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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