A statement made out of court that is used to prove the substance of a statement inside of the court. It is fundamentally unreliable and is not subject to cross examination.

In a criminal case, the state (prosecutor) has the burden of proving “BEYOND A REASONABLE DOUBT” that a defendant committed a crime. A reasonable doubt is an honest and reasonable uncertainty about the guilt of the defendant.

In a civil case, the plaintiff has the burden of proving “by preponderance of the evidence” that a defendant is liable for some act (the plaintiff must prove only that a fact is more likely true than not true). This is a lesser burden of proof.

The principle that the government must respect all of a person’s legal rights instead of just some or most of those legal rights when the government deprives someone of life, liberty or property. The Right to Due Process can be found in the 5^th and 14^th Amendments to the Constitution.

 An equitable remedy in the form of a court order. An order from the judge for one party to do or not to do something; a form of compensation that is not monetary (it is recognition that monetary compensation is not always satesfactory).

EX: restraining order, an order for a party to NOT freeze their assets

Origins: The Supreme Court has interpreted that the Due Process Clause of the 5^th and 14^th Amendments REQUIRE THE PROSECUTION to disclose certain types of evidence to the defense.

 The situation in which a judgement in one case prevents (estops) a party to that suit from trying to litigate the issue in another legal action. In effect, once decided, the parties are permanently bound by that ruling.

 that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include:

a. The right to remain silent and to refuse to answer any questions;

b. The right to know that anything the suspect says can and will be used against the suspect in a court of law;

c. The right to consult with an attorney and to have an attorney present during questioning;

d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.

--If a defendant makes a statement after he/she has been read their miranda rights, the statement is assumed to be voluntary and thus admissible in court.

The surrender by one state to another of an individual accused or convicted of an offense outside its own territory, and within the territorial jurisdiction of the other.

relates to a prosecutors decision to terminate a case (and drop the charges). This is part of the prosecutors prosecutorial discretion.

 Evidence that is incriminating

written agreements between federal prosecutors and individuals under criminal investigation which permit these individuals to tell the government about their knowledge of crimes, with the supposed assurance that their words will not be used against them in any later proceedings. Why are proffers so risky, since your words are not supposed to be used against you at a subsequent trial? To begin with, unlike immunity or plea agreements, proffer agreements do not prevent the government from making derivative use of your statements. In other words, although the government cannot use your actual proffer session statements against you in its case-in-chief, it can use the information that you provide to follow up leads and conduct further investigations. If those leads and further investigations capture new evidence, such evidence can be used to indict and convict you