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Simple English definitions for legal terms

missing-witness rule

Read a random definition: Bureau of the Census

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.

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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