Also known as: in-chief · examination in chief · case in chief
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An office and power vested in the President by the Constitution as head of the military forces of the United States. The authority includes direction of the Army and Navy when called into federal service and extends to related executive functions such as requesting written opinions from department heads.
An office and power vested in the President by the Constitution as head of the military forces of the United States. The authority includes direction of the Army and Navy when called into federal service and extends to related executive functions such as requesting written opinions from department heads.
During an ongoing conflict Congress has authorized, the President issues orders deploying naval forces to intercept enemy vessels approaching U.S. waters. The orders rest on the President's authority over the armed forces when they are in actual federal service.
The principal phase of a party's presentation of evidence at trial. Evidence offered during this phase must satisfy foundational requirements for admissibility and may be distinguished from evidence offered solely for impeachment.
After incomplete Miranda warnings, a defendant makes statements admitting involvement in a data breach. At trial the defendant testifies that he never accessed the rival system. The prosecution offers the earlier statements solely to show inconsistency with the trial testimony.
After indictment on theft charges, agents question the defendant without counsel present and obtain admissions. The government offers the statements during its main presentation of evidence to prove the theft. The court excludes them from that phase of the trial.
The principal phase of a party's presentation of evidence at trial. Evidence offered during this phase must satisfy foundational requirements for admissibility and may be distinguished from evidence offered solely for impeachment.
Each sense below has its own examples, sources, and questions.
A shipowner challenges seizure of property inside U.S. territory at the start of hostilities. The government defends the seizure as an incident of the President's authority over military operations once forces are engaged.
A former president faces a damages suit for actions taken while directing executive-branch personnel. The court examines whether the conduct fell within the unique constitutional responsibilities assigned to the office.
Article II designates the President as Commander in Chief of the Army and Navy and of the militia when called into federal service. This authority operates when forces are engaged in actual United States service.
The prosecution introduces evidence of weapons found in a vehicle and relies on a statutory presumption to establish possession. The court instructs the jury on the presumption as part of the government's affirmative presentation of its case.
Statements obtained without proper warnings are inadmissible to prove guilt during the prosecution's main presentation of evidence. The same statements remain available to impeach a defendant who testifies inconsistently, provided they were voluntary.
Sixth Amendment violations bar use of the statements during the prosecution's principal evidentiary presentation. The statements may still be used for impeachment if they were voluntary and the defendant made a knowing and intelligent waiver.
…subject matter of this common-law suit. At the trial petitioner adduced evidence upon the issue of negligence and rested his case in chief. Thereupon respondent, in support of its affirmative defense, adduced evidence tending to show (1) that its charter, issued under the Rural Electric Cooperative Act of South Carolina (S. C.…