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Search Results for "opposing counsel"

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What Is Legal Negotiation?

In the course of a court case, a legal counsel representing either the plaintiff or the defendant may enter into negotiations with the opposing counsel in order to come to an agreement rather than a court decision. Negotiations under these circumstances are referred to as legal negotiations. The...

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What Is a Cross-Examination?

In a court trial, a witness may be presented whose testimony is vital to the claims or arguments made by the legal counsel of the defendant or of the plaintiff. When the legal counsel who has solicited the testimony of an individual finishes questioning him or her on the witness stand during direct...

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In Court, What Is a Redirect?

When a witness undergoes a cross examination, he or she may provide a controversial testimony that requires more clarification that is not given time for when he or she is on the witness stand. However, the legal counsel that solicited the witness may have the opportunity to do such clarification...

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What Is a Devil’s Advocate?

When an individual provides an opposing point of view or position out of argument’s sake, the individual is referred to as a devil’s advocate. The term actually derived from the canonization process of the Roman Catholic Church. When a candidate for sainthood undergoes canonization, an individual...

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What Is a Witness Stand?

In any case, either civil or criminal, a witness testimony may be necessary in order to prosecute or defend the defendant during a court trial. When presenting a testimony, the witness is required to do so in front of the judge and jury in a witness stand. It is essentially the enclosure wherein...

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What Are Expert Witness Qualifications?

There are several ways to determine whether someone is qualified to be an expert witness or not. To establish someone’s expertise, the court usually inquires about the education, special training, skills and professional knowledge of a person. To establish this, the court lets both the hiring...

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In Law, What Is Sharp Practice?

In the course of a court trial, it is possible though highly discouraged and frowned upon for a lawyer representing either the prosecution or defense to slight or disrespect an individual from the opposing counsel. This person may be the litigant, attorney, or witness. Such behavior is referred to...

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What Is Character Evidence?

It is possible that during the course of a court case, the honesty and morality of a person may come into question. When this happens, a person can submit character evidence to prove his or her qualities to be true. During a court case, an oral witness testimony can be crucial to the legal counsel...

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What Litigation Counsel?

In the event that a person wishes to pursue legal action against another person or party, it is important that the former be informed of his or her legal rights and what can be done about the issue he or she wishes to bring to court. In order to obtain the necessary information he or she seeks, it...

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What Is a Hostile Witness?

Some court trials require witness testimonies as evidence in a case. The duty of the witness is to provide an account that may prove to be useful to the legal counsel that he or she is supporting. However, there are scenarios wherein a witness does not fulfill this duty, but weakens the case instead...