Also known as: biased · biases · biasing · prejudice · partiality
Written by attorneys · grounded in primary & secondary sources — see below
A predisposition or inclination for or against a party, witness, or issue that impairs impartial decision making or fair evaluation of evidence. Courts and rules address bias through disqualification of judges, impeachment of witnesses, and changes of venue when the predisposition prevents a fair proceeding.
Beatrice Brown testifies for the plaintiff in a contract dispute. Defense counsel seeks to introduce an earlier offer by the plaintiff to accept a reduced sum. The court admits the evidence solely to show Beatrice's possible financial interest in the outcome and resulting bias against the defendant.
Boubacar Bah appears before Judge Lopez in a personal-injury trial. The judge's spouse is a partner at the firm representing the defendant. Boubacar moves to disqualify the judge on the ground that the relationship creates personal bias concerning a party's lawyer.
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Bei Bai leaves her firm and joins a new partnership. Before accepting a matter adverse to a former client, she discloses limited information to the new firm solely to identify whether the representation would create a conflict that could prejudice the former client.
Brandon Black is prosecuted for robbery. The key prosecution witness is on juvenile probation. The defense seeks to cross-examine the witness about that status to demonstrate possible bias in favor of the government to avoid revocation.
Brighton Manufacturing accepts a late shipment of parts from Benson Motors. Despite the acceptance, Brighton later demands adequate assurance of future performance when Benson's financial statements raise doubts about continued supply.
Bruce Baldwin is charged with a high-profile crime in a small district where extensive pretrial publicity has produced widespread hostility. The court grants his motion to transfer the case because the prejudice prevents an impartial jury in the original district.
The court may admit evidence of a settlement offer or negotiation when offered for the purpose of proving a witness's bias or prejudice rather than to prove liability or the validity of the claim.
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A judge who has a personal bias or prejudice concerning a party or a party's lawyer must disqualify herself from the proceeding.
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The Confrontation Clause may require that a defendant be permitted to cross-examine a prosecution witness about matters such as probation status when the examination is necessary to show bias and attack credibility.
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The court must transfer the proceeding to another district if so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
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…leads to bad science). For one thing, experts whose findings flow from existing research are less likely to have been biased toward a particular conclusion by the promise of remuneration; when an expert prepares reports and findings before being hired as a witness, that record will limit the degree to which he…