An alibi witness is a witness that a criminal defendant calls upon to establish that they were somewhere other than at the scene of the crime at the time it occurred. It essentially allows the defendant to present evidence suggesting that...
criminal law and procedure
allegation
An allegation is defined as a claim of fact not yet proven to be true. In a lawsuit, a party puts forth their allegations in a complaint, indictment or affirmative defense, and then uses evidence at trial to attempt to prove their truth....
Allen charge
Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict. Allen charges are controversial as some claim they overly...
allocution
Allocution is the direct address between the judge and the convicted defendant prior to sentencing. During the address, the judge speaks directly to the defendant and asks if the defendant has anything to add prior to hearing the sentence....
alternative pleading
Alternative pleading is a form of pleading that allows a party to allege two or more claims which are inconsistent with each other. Alternative pleading is fundamental to the United States court system.
During a lawsuit...
anchoring
In negotiations, “anchoring” refers to the common tendency of giving undue weight to the first value or number put forth, and to then inadequately adjust from or counter the first value or number, or the “anchor.”
Thus the...
answer
An answer is a reply to a question or a solution to a problem.
In law, an answer refers to a defendant’s first formal written statement to a plaintiff’s initial petition or complaint. This opening written statement will...
anti-contact rule
The anti-contact rule, also known as rule 4.2 of professional conduct, is a rule prohibiting lawyers from discussing subject matter of any case they’re working on with someone the lawyer knows to be represented by another lawyer in the matter...
anticipatory warrant
An anticipatory search warrant is a warrant that is based on an affidavit that shows probable cause that evidence of a particular crime (such as forged checks) will be at a specified location at some time (however not presently) in the future...
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) was passed by the 107th Congress “to deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes.” To accomplish this goal, some of...