Trial Procedures

Explore comprehensive resources on trial procedures, where you can find insightful articles, expert video interviews with attorneys, and detailed legal glossary definitions. This category covers essential topics such as jury selection, evidence presentation, and courtroom strategies, empowering you with the knowledge to navigate the complexities of the legal system. Whether you're a legal professional or someone seeking to understand trial processes, this section provides valuable information to enhance your understanding of litigation and trial advocacy.

188 posts

Criminal Contempt: Consequences of Disrespecting the Court

January 5, 2025 • By Jack Gilbert

Criminal contempt can result in immediate sanctions, including up to 6 months in jail without a jury trial in many cases. Courts use it to punish willful disobedience of court orders or conduct that disrupts proceedings and threatens judicial authority. This article explains what qualifies as criminal contempt, typical penalties, and key defenses. The concept […]

Alternative Dispute Resolution Civil Law

How are changes in civil procedure affecting case outcomes?

January 4, 2025 • By Jack Gilbert

Recent FRCP amendments—most notably the 2015 proportionality changes to Rule 26 and the narrowed spoliation sanctions in Rule 37(e)—are measurably shifting outcomes by reducing discovery costs and limiting sanctions leverage. Courts are enforcing earlier case management and targeted ESI discovery, which can speed settlements or increase dismissal pressure. This article explains the key rule changes […]

Appeals Criminal Defense Strategies

Hearsay Evidence: Exceptions in Criminal Trials

January 2, 2025 • By Jack Gilbert

Hearsay is generally inadmissible in criminal trials, but courts routinely admit it under well-defined exceptions when reliability and necessity are shown. These exceptions can determine whether key out-of-court statements reach the jury and may raise Confrontation Clause issues for the defense. This article explains what counts as hearsay, outlines major criminal-trial exceptions, and shows how […]

Civil Law Civil Litigation

Filing a Lawsuit: What You Need to Know Before Suing

January 1, 2025 • By Jack Gilbert

Before filing a lawsuit, confirm you have a valid legal claim, filed within the statute of limitations, and enough evidence to prove damages. Most cases begin by identifying the right court and defendant, evaluating costs and alternatives like settlement, and preparing a complaint that meets strict procedural rules. This article explains key pre-suit steps, deadlines, […]

Administrative Law Constitutional Law

How Much Deference Do Courts Give to Agency Decisions Under This Standard?

December 31, 2024 • By Jack Gilbert

After Loper Bright (2024), courts give agencies 0 binding Chevron deference when interpreting ambiguous statutes. Judges apply independent judgment, giving only Skidmore-style respect based on an agency’s reasoning, consistency, and expertise. This article explains how that standard works and what it means for litigating agency actions. The question of how much deference courts give to […]

Appeals Constitutional Law

Corpus Delicti Rule: Proving a Crime Occurred

December 31, 2024 • By Jack Gilbert

The corpus delicti rule requires independent evidence that a crime occurred before an out-of-court confession can support a conviction. This protects against wrongful convictions based solely on admissions or coerced statements. This article explains what prosecutors must prove, common exceptions, and how courts apply the rule. The corpus delicti rule stands as a fundamental principle […]

Business/Corporate Compliance Violations

Vicarious Liability in Criminal Law: Responsible for Others’ Acts

December 29, 2024 • By Jack Gilbert

Vicarious liability in criminal law can make 1 person criminally responsible for another’s acts when a special legal relationship and a statute allow it. It most often arises in employer–employee settings, corporate offenses, and strict-liability regulatory crimes where supervision or control is key. This article explains the doctrine, common examples, defenses, and limits. In the […]

Appeals Criminal Charges

Duress Defense: Committing Crimes Under Threat

December 29, 2024 • By Jack Gilbert

The duress defense can excuse a criminal act when a defendant committed it under an immediate threat of death or serious bodily harm. Courts generally require proof the threat was imminent and that a reasonable person would have felt compelled, with notable limits depending on the charge and jurisdiction. This article explains the elements, common […]

Civil Rights Constitutional Law

Jury Nullification: When Juries Ignore the Law

December 29, 2024 • By Jack Gilbert

Jury nullification occurs when a jury returns a not guilty verdict even though the prosecution proved guilt beyond a reasonable doubt. It’s not a formal legal right jurors are told about, but it can happen because juries generally can’t be punished for verdicts. This article explains what it is, its historical use, and key legal […]

Bail Bond Bail Bondsman

Bail Jumping: Consequences of Missing Court Dates

December 26, 2024 • By Jack Gilbert

Missing a court date can trigger bail jumping charges, a bench warrant, and even jail time, with penalties varying by jurisdiction and whether the underlying case is a misdemeanor or felony. Courts may also revoke bail, forfeit bond money, and impose stricter release conditions going forward. This article explains what qualifies as bail jumping, the […]

Civil Rights Constitutional Law

Malicious Prosecution: Legal Recourse for Wrongful Charges

December 26, 2024 • By Jack Gilbert

Malicious prosecution claims let you sue for damages when someone initiates criminal or civil proceedings against you without probable cause and with malice, and the case ends in your favor. These lawsuits can recover losses such as legal fees, lost income, reputational harm, and emotional distress, but they require specific proof and are often time-limited. […]

Constitutional Law Criminal Defense Strategies

Retroactive Laws: When New Rules Apply to Past Crimes

December 26, 2024 • By Jack Gilbert

Retroactive criminal laws are generally unconstitutional in the U.S. under the Constitution’s Ex Post Facto Clauses, which prohibit new laws that increase punishment or criminalize past conduct. However, retroactivity questions still arise through court rulings, procedural changes, sentencing amendments, and civil or regulatory schemes that may affect prior acts. This article explains what counts as […]

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