Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

missing-witness rule

Read a random definition: Magna Carta

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
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
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
LSD+ is ad-free, with DMs, discounts, case briefs & more.