Idleyld Park DUI-DWI Lawyer, Oregon
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Oakridge, OR 97463
Profile LAWPOINTS™27/100
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48175 E 1St St, Oakridge, OR 97463
Profile LAWPOINTS™24/100
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48400 E. 2Nd Street, Oakridge, OR 97463
Profile LAWPOINTS™24/100
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488 Wild River Dr, Roseburg, OR 97470
Profile LAWPOINTS™21/100
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46864 La Duke Rd, Westfir, OR 97492
Profile LAWPOINTS™12/100
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47008 Laduke Rd, Westfir, OR 97492
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48340 Westoak Rd, Westfir, OR 97492
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2501 Whistlers Park Rd, Roseburg, OR 97470
Profile LAWPOINTS™29/100
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Cottage Grove, OR 97424
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Cottage Grove, OR 97424
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LEGAL TERMS
CRIME
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defin... (more...)
A type of behavior that is has been defined by the state, as deserving of punishment which usually includes imprisonment. Crimes and their punishments are defined by Congress and state legislatures.
EAVESDROPPING
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or bi... (more...)
Listening to conversations or observing conduct which is meant to be private, typically by using devices that amplify sound or light, such as stethoscopes or binoculars. The term comes from the common law offense of listening to private conversations by crouching under the windows or eaves of a house. Nowadays, eavesdropping includes using electronic equipment to intercept telephone or other wire communications, or radio equipment to intercept broadcast communications. Generally, the term 'eavesdropping' is used when the activity is not legally authorized by a search warrant or court order; and the term 'surveillance' is used when the activity is permitted by law. Compare electronic surveillance.
VENIREMEN
People who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases.
MOTION IN LIMINE
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply ... (more...)
A request submitted to the court before trial in an attempt to exclude evidence from the proceedings. A motion in limine is usually made by a party when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence. For example, if a defendant in a criminal trial were questioned and confessed to the crime without having been read his Miranda rights, his lawyer would file a motion in limine to keep evidence of the confession out of the trial.
BURDEN OF PROOF
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.
INFORMED CONSENT
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available al... (more...)
An agreement to do something or to allow something to happen, made with complete knowledge of all relevant facts, such as the risks involved or any available alternatives. For example, a patient may give informed consent to medical treatment only after the healthcare professional has disclosed all possible risks involved in accepting or rejecting the treatment. A healthcare provider or facility may be held responsible for an injury caused by an undisclosed risk. In another context, a person accused of committing a crime cannot give up his constitutional rights--for example, to remain silent or to talk with an attorney--unless and until he has been informed of those rights, usually via the well-known Miranda warnings.
INADMISSIBLE EVIDENCE
Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main r... (more...)
Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main reason why evidence is ruled inadmissible is because it falls into a category deemed so unreliable that a court should not consider it as part of a deciding a case --for example, hearsay evidence, or an expert's opinion that is not based on facts generally accepted in the field. Evidence will also be declared inadmissible if it suffers from some other defect--for example, as compared to its value, it will take too long to present or risks enflaming the jury, as might be the case with graphic pictures of a homicide victim. In addition, in criminal cases, evidence that is gathered using illegal methods is commonly ruled inadmissible. Because the rules of evidence are so complicated (and because contesting lawyers waste so much time arguing over them) there is a strong trend towards using mediation or arbitration to resolve civil disputes. In mediation and arbitration, virtually all evidence can be considered. See evidence, admissible evidence.
MCNAGHTEN RULE
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.
MISTRIAL
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on ... (more...)
A trial that ends prematurely and without a judgment, due either to a mistake that jeopardizes a party's right to a fair trial or to a jury that can't agree on a verdict (a hung jury) If a judge declares a mistrial in a civil case, he or she will direct that the case be set for a new trial at a future date. Mistrials in criminal cases can result in a retrial, a plea bargain or a dismissal of the charges.
SAMPLE LEGAL CASES
State v. Kruse
184 P.3d 1182 (2008). 220 Or. App. 38. STATE of Oregon, Plaintiff-Respondent, v. Jay Lynn
KRUSE, Defendant-Appellant. D055973M, D060612T, A132038 (Control), A132039. Court of
Appeals of Oregon. Submitted January 4, 2008. Decided May 14, 2008. ...
State v. Machuca
227 P.3d 729 (2010). 347 Or. 644. STATE of Oregon, Petitioner on Review, v. Thomas Gregory
MACHUCA, Respondent on Review. (CC 050647097; CA A133362; SC S057910). Supreme
Court of Oregon, En Banc. Argued and Submitted December 16, 2009. ...
Prior v. Department of Revenue
... [2]. In her Complaint, Plaintiff asserts that the Department is in error in withholding the tax refund
to pay for her "husband's DUI[,] [because] I have be[en] separated from him for 6 y[ea]rs and have
nothing to do with his affairs or finances." [3] (Ptf's Compl at 1, Sec. ...
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