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a tendency to cause bias even where no bias has existed previously
probative value
the value of pursuing an investigative or probing line of questioning.
legal capacity to testify
direct examination
questioning the witness first. the party calling the witness to the stand conducts the direct examination
cross examination
after direct examination, the other party may cross-examine the witness, but is limited to the topics brought up under direct questioning (within the "scope")
redirect examination
the party conducting direct examination conducts the redirect examination to clarigy matters brought up during cross.
recross examination
the party conducting corss examination conducts the recross examination, but is limited to matters brought up during redirect (not common)
proximate cause
the event or point at which a series of incedents begins ultimately resulting in an event with damages
motion for direct verdict
the court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case
prima facie case
a case that is sufficient on its face.
voir dire (of witnesses)
to question a potential witness to determine his or her competency or the appropriateness of his or her testimony
motion for judgment NOV (notwithstanding the verdict)
a motion asking the court to disregard the jury's verdict and replace it with court's own verdict. NOV stands for Non Obstante Verdicto
when the judge adds to the amount a jury has awarded
the process whereby a judge subtracts from the amount of damages a jury has awarded
res judicata
doctrine stating that a case that has been decided on its merits may not be re-litgated