Page 52 - Expert Witness

different buyers or indirectly when a seller offers special concessions (such as favorable credit
terms) to some but not all buyers.

price-fixing. The artificial setting or maintenance of prices at a certain level, contrary to the work-
ings of the free market.

prosecution. A criminal proceeding in which an accused person is tried.

proximate cause. See causation.

punitive damages. (1) Damages awarded in addition to actual damages when the defendant acted
with recklessness, malice, or deceit. (2) Specifically, damages assessed by way of penalizing the
wrongdoer or making an example to others.

rebuttal. A disinterested person appointed by a court or a corporation or other person for the protec-
tion or collection of property that is the subject of diverse claims. For example, a judgment re-
ceiver is a receiver who collects or diverts funds from a judgment debtor to the creditor.

redirect examination. A second direct examination after cross-examination, the scope ordinarily
being limited to matters covered during cross-examination.

referee. A type of master appointed by a court to assist with certain proceedings.

requests for admissions. In pretrial discovery, a party’s written factual statement served on another
party who must admit, deny, or object to the substance of the statement.

request for production of documents. In pretrial discovery, a party’s written request that another
party provide specified documents or other tangible things for inspection and copying.

restitution. (1) A body of substantive law in which liability is based not on tort or contract but on
the defendant’s unjust enrichment. (2) The set of remedies associated with that body of law, in
which the measure of recovery usually is based not on the plaintiff’s loss but on the defendant’s
gain. (3) Return or restoration of some specific thing to its rightful owner or statues. (4) Com-
pensation for loss, especially full or partial compensation paid by a criminal to a victim, not
awarded in a civil trial for tort but ordered as part of a criminal sentence or a condition of proba-
tion.

scheduling or calendaring order. A schedule of the time of court appearances.

self-incrimination. The act of indicating one’s own involvement in a crime or exposing oneself to
prosecution, especially by making a statement.

sequestered. To segregate or isolate (a jury or witness) during trial.

server. Any computer on a network that contains data or applications shared by users of the network
on their client PCs. fn 29

fn 29 Ibid.

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