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Simple English definitions for legal terms

after-discovered evidence

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A quick definition of after-discovered evidence:

After-discovered evidence is evidence that was not known during a trial but was found later. This type of evidence is mostly used in criminal cases and can be used to ask for a new trial. Courts use a four-part test to decide if a new trial should be granted based on after-discovered evidence. The evidence must not have been able to be found before the trial, must not just be supporting other evidence, must not only be used to question a witness's honesty, and must likely change the verdict or sentence. After-discovered evidence can also be used in civil cases, but it must have been able to be found during the trial and must have changed the outcome. Prosecutors must also tell the defense if they find new evidence that could change the verdict.

A more thorough explanation:

After-discovered evidence, also known as newly discovered evidence, refers to evidence that existed during the original trial but was only discovered after the trial's conclusion. This type of evidence is mainly an issue in criminal proceedings and can be used as the basis for a motion for a new trial.

Courts use a four-part test to determine whether to grant a new trial based on after-discovered evidence. The court considers whether the new evidence:

  1. Could not have been obtained before the trial's conclusion through reasonable diligence
  2. Is not merely corroborative or cumulative
  3. Will not be used solely to impeach a witness's credibility
  4. Would likely result in a different verdict or lighter sentence if a new trial were granted

For example, if new DNA evidence or a confession from another suspect is discovered after a trial, it may be enough to warrant a new trial if it weakens the case against the defendant enough to create reasonable doubt about their guilt.

After-discovered evidence can also be used to challenge judgments in civil proceedings, such as foreclosure actions, under Rule 59 of the Federal Rules of Civil Procedure. However, changes in law or interpretations of the law are generally not accepted as after-discovered evidence.

Prosecutors who learn of new, credible, and material evidence that creates a reasonable likelihood that a convicted defendant did not commit the offense of which they were convicted must disclose the evidence or remedy the conviction under the model rules of professional responsibility.

In summary, after-discovered evidence is evidence that was not known or available during the original trial but is discovered later. It can be used to challenge a verdict or sentence in criminal or civil proceedings if it meets certain criteria and would likely result in a different outcome if a new trial were granted.

after-acquired title | age discrimination

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10:36
like la haine or the apu trilogy or some shit
10:36
that would be more interesting
NosyBeagle
10:38
@NemoPropheta: LSAT haters unite. This test sucks butt
10:43
I got 2 weeks left of this shit and I have 0 motivation
10:55
@RasheedWallaceFan: yeah for some reason SMU isnt listed on any of the rankings lists. Been that way all year
@NemoPropheta: you only got another 40+ years of it!
@PremiumFrequentCrane Is right.
You'll forever have those days where shit ain't getting done. Just a matter of how you handle them. (IE using Chatgpt to draft a motion for leave like meeeee)
NosyBeagle
13:52
look at my lawyer dawg... im going to jail
Nah, I don't use it to do my case law. Just the actual motion drafting.
For example, I was trying to get the right language in a Motion for Sanctions (tl;dr slip and fall case, defense counsel played nothing but games – IE never sending records despite it being mandatory to trcp, producing never before seen records DURING A DEPO) and just talked to ChatGPT about his behavior to provide background to help with the drafting for the procedural paragraph.
@NosyBeagle: just makes me think of vanillamace
@TiredOfThisGrandpa: I dont have LSD+ so cant dm but will def hit you up when I have them done! Also is ur username a reference to holes? lol
Can i get accommodations for mid test 2 hour nap
I mean, i have sadhd
15:34
you could get accommodations for the schizoaffective disorder you clearly have
NosyBeagle
15:53
a two hour nap in between sections would be great for me
ronniedoeslaw
15:58
LSAT isn’t horrible you just have to lock in really hard for 2 hours and expect to be exhausted the rest of the day mentally
16:30
ugh i hit this lady w my car
16:31
well i hit her car and the cops said there's no damage but she says there is should i call my insurance what u think lawyers
real quick question. How much do early applications matter? I have super strong softs and an ok LSAT score of 160. GPA wasn't great at 3.33. I applied in late march and I have been rejected everywhere so far
16:58
late march is way too late
16:58
early doesn’t matter but before thanksgiving matters
ronniedoeslaw
16:59
Have you used the LSAC search for schools link? It helps a lot letting you know the probability of acceptance.
I mean early early might be overblown but dont apply if you are applying in march
does anyone know how many questions they typically ask for the UT recorded interview
20:21
has anyone been accepted off of the waitlist for New England yet?
ronniedoeslaw
20:36
No yet for me, I was waitlisted on Monday
ronniedoeslaw
20:36
Not *
@Callmylawyer: I feel really bad for you. I feel really sad that you are asking that.
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