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Discovery

Discovery

Meaning of Discovery in Spanish

Description/ translation of discovery into Spanish: (in the law of England and Wales/ en el derecho de Inglaterra y Gales) trámite que tiene lugar normalmente en la audiencia preliminar (= committal hearing), en el que las partes se comunican recíprocamente las pruebas (o al menos parte de las pruebas) de que van a intentar valerse en el juicio. (SUG) exposición, revelación. La exposición material de las pruebas concretas se denomina disclosure; discovery motion: instancia en la que una de las partes solicita que la parte contraria le comunique las pruebas que se propone utilizar[1]

Note: for more information on related terms and on the area of law where discovery belongs (criminal procedure law), in Spanish, see here.

Notes and References

  1. Translation of Discovery published by Antonio Peñaranda

Resources

See Also

  • Law Dictionaries.
  • Adversary System; Civil and Criminal Divide; Counsel: Role of Counsel; Criminal Procedure: Constitutional Aspects; Grand Jury; Preliminary Hearing.

    Deposition; Immunity; Interrogatories; Self-Incrimination.

    Cook, James, Explorations of ; Explorations and Expeditions: U.S. ; Vancouver Explorations.

  • Related Case Law

    Brady v. Maryland, 373 U.S. 83 (1963).

    Fisher v. United States, 425 U.S. 391 (1976).

    Kyles v. Whitley, 514 U.S. 419 (1995).

    Mooney v. Holohan, 294 U.S. 103 (1935).

    Nobles v. United States, 422 U.S. 225 (1975).

    Wardius v. Oregon, 412 U.S. 470 (1973).

    Taylor v. Illinois, 419 U.S. 522 (1988).

    Weatherford v. Bursey, 429 U.S. 545 (1977).

    Williams v. Florida, 399 U.S. 78 (1970).

    Further Reading

    American Bar Association. Standards Relating to Discovery and Procedure before Trial. Washington, D.C.: American Bar Association, 1969.

    . Standards Relating to Discovery and Procedure before Trial, Supplement. Washington, D.C.: American Bar Association, 1970.

    . “Discovery and Procedure before Trial.” In Standards Relating to the Administration of Justice, vol. 2, 11-1 to 11-94. 2d ed., Boston: Little, Brown, 1980.

    . Standards for Criminal Justice: Discovery and Trial by Jury, 3d ed. Washington, D.C.: American Bar Association, 1996.

    Brennan, William J., Jr. “The Criminal Prosecution: Sporting Event or Quest for Truth?” Washington University Law Quarterly no. 3 (June 1963): 279-295.

    Imwinkelried, Edward J. “The Applicability of the Attorney-Client Privilege to Non-Testifying Experts: Reestablishing the Boundaries between the Attorney-Client Privilege and the Work Product Protection.” Washington University Law Quarterly 68 (1990): 19-50.

    LaFave, Wayne R., and Israel, Jerold H. Criminal Procedure, 2d ed. St. Paul, Minn.: West Publishing Co, 1992.

    Louisell, David W. “Criminal Discovery and Self-Incrimination: Roger Traynor Confronts the Dilemma.” California Law Review 53 (1965): 89-102.

    Mosteller, Robert P. “Discovery against the Defense: Tilting the Adversarial Balance.” California Law Review 74 (1986): 1567-1685.

    Traynor, Roger J. “Ground Lost and Found in Criminal Discovery.” New York University Law Review 39 (1964): 228-250.

    Van Kessel, Gordon. “Prosecutorial Discovery and the Privilege against Self-Incrimination: Accommodation or Capitulation.” Hastings Constitutional Law Quarterly 4, no. 4 (Fall 1977): 855-900.

    More Further Reading

    Fisher, Robin. Vancouver’s Voyage: Charting the Northwest Coast, 1791-1795. Vancouver, Wash.: Douglas and McIntyre, 1992.

    Marquardt, Karl H. The Anatomy of the Ship Captain Cook’s Endeavour. London: Conway Maritime Press, 1995; 2001.

    Robert MoultonGatke/a. r.

    Discovery in Law Enforcement

    Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of discovery.

    Resources

    See Also

    • Law Enforcement Officer
    • Policeman
    • Law Enforcement Agency

    Further Reading

    Meaning of Discovery

    In the context of Europe, and according to A Dictionary of Law, the following is a definition of Discovery :

    A method of acquiring territory in which good title can be gained by claiming previously unclaimed land (terra nullius). In the early days of European exploration it was held that the discovery of a previously unknown land conferred absolute title to it upon the state by whose agents the discovery was made. However, it has now long been established that the bare fact of discovery is an insufficient ground of proprietary right.

    Discovery Meaning in the U.S. Court System

    The process by which lawyers learn about their opponent’s case in preparation for trial. Typical tools of discovery include depositions, interrogatories, requests for admissions, and requests for documents. All these devices help the lawyer learn the relevant facts and collect and examine any relevant documents or other materials.

    Meaning of Discovery in the U.S. Legal System

    Definition of Discovery published by the National Association for Court Management: The pretrial process by which one party discovers the evidence that will be relied upon in the trial by the opposing party.

    Meaning of Discovery in the Past

    The act of finding an unknown country.

    Developments

    The nations of Europe (see more about the legal issues of this continet here) adopted the principle, that the discovery of any part of America gave title to the government (see more about this popular legal topic in the U.S. encyclopedia) by whose subjects or by whose authority it was made, against all European (see more about the European legal issues here) governments. This title was to be consummated by possession. 8 Wheat. 543. [1]

    Resources

    Notes and References

    1. Partialy, this information about discovery is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including discovery.

    See Also

    Discovery (Civil Judicial Process)

    Discovery

    Discovery

    Discovery

    What is Discovery?

    A definition of discovery is: “Good cause” for discovery is present if information sought is material to moving party’s trial preparation. More details on the Encyclopedia. Daniels v. More details on the Encyclopedia. Allen Industries, Inc. More details on the Encyclopedia., 391 Mich. More details on the Encyclopedia. 398, 216 N. More details on the Encyclopedia.W. More details on the Encyclopedia.2d 762, 766. More details on the
    Encyclopedia
    . Such requirement for discovery and production of documents is ordinarily satisfied by a factual allegation showing that requested documents are necessary to establishment of the movant’s claim or that denial of production would cause moving party hardship or injustice. More details on the Encyclopedia. Black v. More details on the Encyclopedia. Sheraton Corp. More details on the Encyclopedia. of America, D. More details on the Encyclopedia.C. More details on the Encyclopedia.D. More details on the Encyclopedia.C. More details on the Encyclopedia., 47 F. More details on the Encyclopedia.R. More details on the Encyclopedia.D. More details on the Encyclopedia. 263, 273. More details on the Encyclopedia. Under a 1970 amendment to Fed. More details on the Encyclopedia.R. More details on the Encyclopedia.Civil P. More details on the Encyclopedia. 34, however, “good cause” is no longer required to be shown for production of documents and things. More details on the Encyclopedia. Federal Rule 35(a) does, however, require that “good cause” be shown for order requiring physical or mental examination, as does Rule 26(c) for protective orders to restrict scope of discovery.[1]

    Resources

    Notes

    1. “Discovery” in the White America Dictionary (New York, Los Angeles, London, New Delhy, Hong Kong, 1989)

    See Also

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