An accused person is entitled to acquittal if, in the minds of the jury, his or her guilt has not been proved beyond a "reasonable doubt"; the state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
A phrase used to denote a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. Thus, the test of negligence is based on either a failure to do something that a reasonable person, guided by considerations that ordinarily regulate conduct, would do, or on the doing of something that a reasonable and prudent (wise) person would not do.
Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.
The compilation of all the documents, evidence, and transcripts of oral proceedings in a case.
The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.
To set right; to remedy; to compensate; to remove the causes of a grievance.
A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court. A referee is an officer with judicial powers who serves as an arm of the court.
Another hearing of a civil or criminal case by the same court in which the case was originally heard.
The opportunity for the side that opened the case to offer a limited response to evidence presented during the rebuttal by the opposing side.
To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling.
