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WITTINGLY

by Law Professor

With knowledge and by design, excluding only cases which are the result of accident or forgetfulness, and including cases where one does an unlawful act through an erroneous belief of his right Osborne v. Warren, 44 Conn. 357. … [Read more...] about WITTINGLY

WITHHOLDING EVIDENCE

by Law Professor

See also obstruction of justice. The failure to provide evidence which is required or pursuant to a subpoena. … [Read more...] about WITHHOLDING EVIDENCE

WITHOUT THIS THAT

by Law Professor

In pleading. Formal words used in pleadings by way of traverse, particularly by way of special traverse, importing an express denial of some matter of fact alleged in a previous pleading. Steph. PI. 168, 169, 179, 180. … [Read more...] about WITHOUT THIS THAT

WITHOUT PREJUDICE

by Law Professor

Most frequently referring to a court procedure where a case or issue is dismissed but allowing the party against whom the dismissal is made to re-litigate or re-present the issue. None of the rights or privileges of the party are lost or waived. It signifies an absence of a decision on the merits and prevents a party from asserting a defense of Res Judicata. For example, a … [Read more...] about WITHOUT PREJUDICE

WITNESS STAND

by Law Professor

The chair that rests upon the raised area on the side of the judge's bench, next to the jury box, where a witness gives testimony under oath. … [Read more...] about WITNESS STAND

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