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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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14:08
le sigh
lilypadfrog
14:08
damn you get vicious with it. just pinch yourself or something
lilypadfrog
14:09
don’t break your finger
14:13
its a bum-ass law school but LSD really needs to update UCLawSF's name
14:13
whose manager can I call about that
lilypadfrog
14:14
I think the people in charge don’t come on here anymore but you can email them if you really care like that
14:14
yeah true that. Although I prefer Hastings just because it is easy to differentiate from U of SF
renard99
14:14
There's a lot on this site that doesn't work and for maybe $5k I'd be more than willing to fix it
14:14
send bid proposal Renard
renard99
14:14
But as Lilypad said it's probably just maintained atp, no major updates
14:15
fwiw all the UCLSF students I know still basically say hastings. even the huge crest in the foyer still says hastings
renard99
14:15
@llama: Man I'd be more than happy to
14:15
LSD is in decay age of social network
renard99
14:15
^LMAO yeah
renard99
14:15
Basically accepted atp that I'm gonna have to R&R so might as well take up some jobs while I'm at it
14:15
sad. imagine being here in 2005/2010 when it was 100 operational. woe is me
@llama: back when 160s meant t14
14:16
born too late to experience full LSD born too soon to explore the galaxy
14:16
^ gets it
lilypadfrog
14:16
https://www.lsd.law/users/creep/cryptanon this is one of the guys who made the website
14:16
@lilypadfrog: wow more recent than i would have wagered
14:17
how is it so that I creep a rando and their app year is 2005-2005?
14:17
2005-2006* for example
renard99
14:18
^ find that rando in your circle and ask them where they've stored all their cycle letters
ReminiscentZestyFish
14:18
Vandy??
renard99
14:18
Possibly in a dark corner of the attic in a box
VANDY
soyalmondoatmilk
14:18
vandy A let's gooooo
all the Vandy
ReminiscentZestyFish
14:18
Aint no way
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