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Simple English definitions for legal terms

missing-witness rule

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A quick definition of missing-witness rule:

The missing-witness rule is a legal principle that says if someone doesn't bring a witness to court who could have helped their case, the jury can assume that the witness would have said something bad about them. This means that if someone has a witness who could help them, they should bring them to court or risk the jury thinking they're hiding something.

A more thorough explanation:

The missing-witness rule is a legal principle that allows a jury to infer that a witness's testimony would have been unfavorable to a party who fails to present that witness at trial. This rule applies when a party has exclusive control over a witness who could provide relevant testimony but fails to call that witness to the stand.

Suppose a car accident case goes to trial, and the plaintiff claims that the defendant ran a red light and caused the accident. The defendant argues that the plaintiff was driving recklessly and caused the accident. The plaintiff has a witness who was in the car with them at the time of the accident, but the plaintiff fails to call that witness to testify. The missing-witness rule allows the jury to infer that the witness's testimony would have been unfavorable to the plaintiff's case.

Another example could be a criminal case where the prosecution fails to call a witness who was present at the scene of the crime and could provide crucial evidence. In such a case, the missing-witness rule would allow the jury to infer that the witness's testimony would have been unfavorable to the prosecution's case.

These examples illustrate how the missing-witness rule works in practice. It is important to note that the rule only applies when a party has exclusive control over a witness who could provide relevant testimony. If the witness is equally available to both parties, the rule does not apply.

missing ship | missio in bona

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18:43
or other extracurricular stuff
18:43
strong professor recs is BS who cares
18:44
i hope
18:44
they can see when u cancel ur score right
18:44
yeah
18:44
thats so embarrising
18:44
fuck me
18:44
i hope i am remembering it way worse
18:44
lmao yeah i think in most circumstances you shouldn’t cancel cuz they might assume the score is worse than it was
18:45
remembering the lsat?
18:45
yur
18:45
I’ve been doing that too you’ll be fine
18:45
i just saw that some kids a year below me in high school are starting at good ass schools too fuckkk
18:46
what are good ass schools to you?
18:46
do u have a dream school?
18:46
well i saw one is at fordham and one is at upenn and ik fordham isnt t14 but its better than temple and villanova
18:47
dream is duke
18:47
ooh interesting choice why Duke?
18:48
i got into fordham and so did the dumbass I was dating for like two months it’s not that hard
18:48
by which I mean if they let him in I don’t trust their standards
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
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