West Virginia Entire Agreement and No Waiver

State:
Multi-State
Control #:
US-OL18013
Format:
Word; 
PDF
Instant download

Description

This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.

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FAQ

Three Government attorneys discuss Federal Rules 607, 608, 609, 610, 611, 612, and 613 pertaining to witnesses and suggest how prosecuting attorneys can apply them during cross-examination. Rule 607 asserts that a witness's credibility can be attacked by any party, including the party calling the witness.

A witness having an adverse interest may be examined with leading questions by the party calling the witness. After such an adverse direct examination, the witness is subject to cross-examination.

Rule 404 - Character Evidence; Crimes or Other Acts (a)Character Evidence. (1)Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.

Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the validity or amount of a disputed claim, the liability of a party in a disputed claim, or to impeach by a prior inconsistent statement or a contradiction: (1) furnishing, promising, or offering - or accepting, ...

The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

The credibility of a witness may be attacked and impeached by any party, including the party calling the witness. Rule 607 is taken verbatim from the current state version except for a stylistic modification in the title.

Oral contracts are spoken agreements. Agreements that are not in writing may sometimes be binding. There are certain limitations on the enforceability of oral employment contracts that do not exist for written employment contracts.

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West Virginia Entire Agreement and No Waiver