A dispositive fact is a fact that, if proven with necessary certainty, resolves a legal dispute on its own. Oftentimes, establishing the truth of a dispositive fact will lead to the resolution of the lawsuit as a whole.
For...
trial process/advocacy
dispute resolution
Dispute Resolution or alternative dispute resolution, appropriate dispute resolution or ADR refer to several processes used to resolve a dispute between parties. ADR is usually an alternative to litigation and can be used to resolve any type...
distinguish
To distinguish means to note a significant difference or dissimilarity (usually between cases); to make a distinction. A party usually distinguishes one case from another as part of the argument that because of a certain distinction, the...
Durham test
The Durham test refers to a criminal law test used in some jurisdictions to evaluate whether a defendant is entitled to an insanity defense. The Durham test takes its name from the case Durham v. United States.
Under the...
eviction
Introduction
In common usage, eviction is defined as the process used by landlords to recover possession of leased real property from tenants who do not want to leave. Evictions are difficult, painful, and expensive for all parties involved...
evidentiary fact
An evidentiary fact is a predicate fact that makes other facts more probable (i.e., makes certain statements more or less likely to be true). When viewed together at trial, evidentiary facts serve as a basis for concluding whether the...
excessive verdict
An excessive verdict is a verdict that shocks the conscience of the court because it appears to stem from factors extraneous the judicial proceedings. For instance, the jury may have been prejudiced against the defendant or overly swayed by...
expert testimony
Expert testimony is an opinion stated under oath by a qualified individual during a trial or deposition. Such testimony can aid in clarifying complex concepts, presenting scientific evidence, evaluating data, and assisting in understanding...
expert witness disclosure
Parties to a lawsuit have a duty to disclose to opposing counsel the identity of their expert witnesses they intend to call at trial, and to make a fair disclosure of the expert’s views. See Payne v. S.S. Nabob, 302 F.2d 803, 807 (3d Cir....
expert witness reports
Expert witness reports in civil federal court are governed by Federal Rule of Civil Procedure 26(a)(2)(b). Under this rule, the parties are required to disclose the names of their retained expert witnesses before trial, and to give the...