Additional Terms

Question 1

Chain of custody

Answer 1

For evidence to maintain its integrity, there must be chronological documentation of each person having possession of the evidence (custody) from the point of collection (or seizure) until admission at trial, including how it has been controlled, transferred, analyzed or otherwise handled. Applies to physical and electronic evidence, and may be relevant in civil or criminal cases.

Question 2

Full faith and credit

Answer 2

Article IV, Section 1 of the US constitution establishes that individual states within the United States, must respect the “public acts, records and judicial proceedings of every other state.” In short, any state must give “full faith and credit” to the laws and judgments of other states.

Question 3

Precedent

Answer 3

A prior case (usually a written court opinion) that a subsequent court may rely upon when deciding a matter with similar facts and/or issues.

Question 4

Stare decisis

Answer 4

The principle that a court should follow previous court decisions, unless there exists a compelling reason not to. Relating to the concept of precedence. Stare decisis means “let the decision stand.”

Question 5

Due process

Answer 5

Legal principle that the government must safeguard the legal rights owes to a person according to the law, including notice of proceedings, and chance to be heard prior to the loss of life, liberty or property. Also, a constitutional guarantee that a law shall not be unreasonable.

Question 6

Notice

Answer 6

To provide, or to gain, knowledge of legally relevant information.

Question 7

Interlocutory Appeal

Answer 7

This is an appeal during or before the trial. While a regular appeal asks the court to review the final decision of the court, an interlocutory appeal asks the court rule on a single procedural issue, usually a ruling by the trial court regarding the admission of evidence. The party wanting to engage in interlocutory appeal must ask the courts permission to do so. It is a fairly rare maneuver, and is a step usually taken only when the evidence in question is crucial to the Case.

Question 8

Impeach

Answer 8

When an attorney asks questions of a witness aimed at discrediting that witnesses earlier given testimony. Note that an attorney is usually prevented from attempting to impeach his or her own witness.

Question 9

Motion in limine

Answer 9

This is a motion, requesting that information which might be prejudicial not be allowed to be heard in a case. It is not arguing that the evidence is irrelevant, but that its relevance is outweighed by its prejudicial effect.