courts and procedure

spousal communications privilege

Under the Federal Rules of Evidence, confidential communications between two married spouses are privileged. This privilege may be waived by the consent of both spouses.

spousal immunity

Under the Federal Rules of Evidence, in a criminal case the prosecution cannot compel the defendant's spouse to testify against him. This privilege only applies if the defendant and the spouse witness are currently married at the time of the...

spousal privilege

Spousal privilege, also known as marital privilege and husband-wife privilege, includes two types of privileges: the spousal communications privilege and the spousal testimonial privilege.

The spousal communications...

statutory construction

Statutory construction is the process of determining what a particular statute means so that a court may apply it accurately; also known as statutory interpretation. Although sometimes the words of a statute may have a plain meaning; in many...

statutory damages

Statutory damages are a type of damages awarded in a successful claim to compensate for an injury or loss, whose amount is pre-established by statute. Statutory damages are commonly used in areas of the law in which it might be complex to...

statutory interpretation

Statutory interpretation is the process where courts interpret and apply legislation; also known as statutory construction. Although sometimes the words of a statute may have a plain meaning; in many cases there may be some level of ambiguity...

statutory offer of settlement

Statutory offer of settlement is a monetary offer extended to a plaintiff by a defendant to settle all disputes before trial. Usually the plaintiff has a short period of time depending on the state and case to accept the offer. If the...

stay

Stay is an action taken by a court to stop a legal proceeding or the actions of a party. A stay most commonly is issued by a court as a stay of proceedings in order to stop litigation from continuing, and they normally are only temporary. A...

stay of execution

Stay of execution is directed by a court to stop some form of enforcement action. A stay of execution can apply in many circumstances like stopping the sale of property in bankruptcy or the execution of a death penalty. When a stay of...

stay of proceedings

A ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. A court may later lift the stay and continue the proceeding. Some stays are automatic, but others are up to judicial discretion. Usually, the pendency of an...

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