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Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Witness
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses and th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultimate Issue (law)
An ultimate issue in criminal law is a legal issue at stake in the prosecution of a crime for which an expert witness is providing testimony. Example If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity during the commission of the crime. In the past, expert witnesses were allowed to give testimony on ultimate issues, such as the applicability of the insanity defense to a particular defendant. However, after the 1982 trial of John Hinckley, Jr., the federal rules of evidence were changed. Now in the United States, federal courts and some states have rules of evidence that specifically rule out legal conclusions drawn by expert witnesses in their testimony. However, a large amount of judicial discretion is allowed in how this rule is applied, resulting in an uneven application of rules across jurisdictions. Definition The Federal Rules do not say what falls within the definition of an "ult ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. In law a witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthful ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and to have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness Impeachment
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts. Parties that may impeach Under the common law of England, a party could not impeach its own witness unless one of four special circumstances was met. The Voucher Rule required the proponent of the witness to "vouch" for the truthfulness of the witness. Here are the special circumstances: #If the witness were an ''adverse party'' (such as the plaintiff calling the defendant to the stand, or vice versa). #If the witness were '' hostile'' (such as the witness refusing to co-operate). #If the witness were one that the party was required by law to call as a witness. #If the witness surprised the party who called him by giving damaging testimony against that party. The rule has been eliminated in many jurisdictions. Under the US ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objection (law)
In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence in violation of the rules of evidence or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The judge then makes a ruling on whether the objection is "''sustained''" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "''overruled''" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question. Objections in general An attorney may also raise an objection against a judge's ruling, to preserve the right to ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Question
In common law systems that rely on testimony by witnesses, a leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading questions can be objectionable or proper. The propriety of leading questions generally depends on the relationship of the witness to the party conducting the examination. An examiner may generally ask leading questions of a hostile witness or on cross-examination ("Will help to elicit the testimony of a witness who, due to age, incapacity, or limited intelligence, is having difficulty communicating her evidence"), but not on direct examination (to "coach" the witness to provide a particular answer). According to ''Black's Law Dictionary','' a leading question is defined as "question t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and may be followed by a redirect (re-examination in Ireland, England, Scotland, Australia, Canada, South Africa, India, Hong Kong, and Pakistan). Redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesses (may vary by jurisdiction). Variations by jurisdiction In the United States federal Courts, a cross-examini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow. Etymology The word come from Anglo-Saxon ' judicial swearing, solemn appeal to deity in witness of truth or a promise," from Proto-Germanic '' *aiþaz'' (source also of Old Norse eiðr, Swedish ed, Old Saxon, Old Frisian eth, Middle Dutch eet, Dutch eed, German Eid, Gothic aiþs "oath"), from PIE *oi-to- "an oath" (source also of Old Irish oeth "oath"). Common to Celtic and Germanic, possibly a loan-word from one to the other, but the history is obscure and it may ultimately ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmation In Law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath. Some religious adherents hold beliefs that allow them to make legally binding promises but forbid them to swear an oath before a deity. Additionally, an individual may decline making a religious oath due to their personal beliefs, or those of their audience. In some jurisdictions, an affirmation may be given only if such a reason is provided. United Kingdom A right to give an affirmation has existed in English law since the Quakers Act 1695 (An Act that the Solemne Affirmation & Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Forme; 7 & 8 Will. 3 c. 34) was passed. The text of the affirmation was the following: "I A.B. do declare in the P ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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