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Dying Declaration
In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may in common law nonetheless be admitted as evidence in criminal law trials because it constituted the last words of a dying person. The rationale is that someone who is dying or believes death to be imminent would have less incentive to fabricate testimony, and as such, the hearsay statement carries with it some reliability. History In medieval English courts, the principle originated of ''Nemo moriturus praesumitur mentiri'' — "no-one on the point of death should be presumed to be lying".Last Words
, Brendan I. Koerner, Legal Affairs, November/December 2002. Fetched from URL on 9 May 2011.
An incident in which a dying declaration was admitted as evidence has been found in a 1202 ca ...
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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 ...
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Search Warrant
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law and a right to privacy constrain police powers, and typically require search warrants or an equivalent procedure for searches police conducted in the course of a criminal investigation. The laws usually make an exception for hot pursuit: a police officer following a criminal who has fled the scene of a crime has the right to enter a property where the criminal has sought shelter. The necessity for a search warrant and its abilities vary from country to country. In certain authoritarian nations, police officers may be allowed to search individuals and property without having to obtain court permission or provide justification for their ...
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Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamatio ...
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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, standards s ...
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Deathbed Confession
A deathbed confession is an admittance or confession when someone is nearing death, or on their "death bed". This confession may help alleviate any guilt, regrets, secrets, or sins the dying person may have had in their life. These confessions can occur because the dying want to live the last moments of their life free of any secrets they have been holding in for a portion—or entirety—of their life. Or, if religious, the person may perhaps believe they will be forgiven by a higher power before they die, allowing them entrance to a better place, such as Heaven, after death. A deathbed confession can be given to anyone, but a family member is usually with their loved one during this time. Doctors and nurses may also hear a deathbed confession because they are often present in a person’s last moments. These confessions can range from a confession of sins that have been committed to crimes that have been committed or witnessed. Often, these confessions are made to clear the dy ...
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Michigan V
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the largest by area east of the Mississippi River.''i.e.'', including water that is part of state territory. Georgia is the largest state by land area alone east of the Mississippi and Michigan the second-largest. Its capital is Lansing, and its largest city is Detroit. Metro Detroit is among the nation's most populous and largest metropolitan economies. Its name derives from a gallicized variant of the original Ojibwe word (), meaning "large water" or "large lake". Michigan consists of two peninsulas. The Lower Peninsula resembles the shape of a mitten, and comprises a majority of the state's land area. The Upper Peninsula (often called "the U.P.") is separated from the Lower Peninsula by the Straits of Mackinac, a channel that joins La ...
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Giles V
Giles may refer to: People * Giles (given name), male given name (Latin: ''Aegidius'') * Giles (surname), family name * Saint Giles (650–710), 7th–8th-century Christian hermit saint * Giles of Assisi, Aegidius of Assisi, 13th-century companion of St. Francis of Assisi * Giles of Rome (1243–1316), 13th-century archbishop * Carl Giles (1916–1995), British cartoonist for the ''Daily Express'' known simply as "Giles" ** Giles family, a fictional family featured in cartoons by Giles * Herbert Giles (1845–1935), British diplomat and sinologist, co-author of the Wade–Giles Chinese transliteration system Places ;United States * Giles, Utah, a US ghost town * Giles, West Virginia * Giles County, Tennessee, US * Giles County, Virginia, US ;Australia * Electoral district of Giles, a state electoral district in South Australia * Giles Weather Station near the Western Australian - South Australian border * Giles Land District, a land district (cadastral division) of W ...
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Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that ''"in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him."'' The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government. In 2004, the Supreme Court of the United States formulated a new test in '' Crawford v. Washington'' to determine whether the Confrontation Clause applies in a criminal case. The Confrontation Clause has its roots in both English common law, protecting the right of cross-examination, and Roman law, which guaranteed persons accused of a crime the right to look their accusers in th ...
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Crawford V
Crawford may refer to: Places Canada * Crawford Bay Airport, British Columbia * Crawford Lake Conservation Area, Ontario United Kingdom * Crawford, Lancashire, a small village near Rainford, Merseyside, England * Crawford, South Lanarkshire, a village in Scotland ** Crawford Castle, a medieval fortification * Crawford Castle, an iron-age fortification, at Spetisbury, Dorset, England * Crawford Priory, a country house about 2 miles south west of Cupar, Fife, Scotland United States * Crawford, Alabama (other), several places * Crawford, Colorado * Crawford, Florida * Crawford, Georgia * Crawford, Maine * Crawford, Mississippi * Crawford, Missouri * Crawford, Nebraska * Crawford, New York * Crawford, Ohio * Crawford, Oklahoma * Crawford, Texas * Crawford Notch, a mountain pass in New Hampshire * Crawford County (other), several counties * Crawford Township (other), several townships Elsewhere * Crawford crater, Australia * Crawford, Cape Town, a ...
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John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Father who served as the second president of the United States from 1797 to 1801. Before his presidency, he was a leader of the American Revolution that achieved independence from Great Britain, and during the war served as a diplomat in Europe. He was twice elected vice president, serving from 1789 to 1797 in a prestigious role with little power. Adams was a dedicated diarist and regularly corresponded with many important contemporaries, including his wife and adviser Abigail Adams as well as his friend and rival Thomas Jefferson. A lawyer and political activist prior to the Revolution, Adams was devoted to the right to counsel and presumption of innocence. He defied anti-British sentiment and successfully defended British soldiers against murder charges arising from the Boston Massacre. Adams was a Massachusetts delegate to the Continental Congress and became ...
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Patrick Carr (Boston Massacre)
Patrick Carr may refer to: * Patrick Carr (Boston Massacre) (died 1770), victim of the Boston Massacre * Patrick Eugene Carr (1922–1998), United States district judge * Patrick Carr (American football) Patrick Carr (born September 22, 1995) is an American football running back who is a free agent. Carr signed with the Seattle Seahawks as an undrafted free agent following the 2020 NFL Draft. He has also been a member of the Ottawa Redblacks of ... (born 1995), American football running back * Patrick Carr, author whose works include co-authorship of the autobiography of Johnny Cash See also * Patrick-Carr-Herring House, a historic home located at Clinton, Sampson County, North Carolina {{hndis, Carr, Patrick ...
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Boston Massacre
The Boston Massacre (known in Great Britain as the Incident on King Street) was a confrontation in Boston on March 5, 1770, in which a group of nine British soldiers shot five people out of a crowd of three or four hundred who were harassing them verbally and throwing various projectiles. The event was heavily publicized as "a massacre" by leading Patriots such as Paul Revere and Samuel Adams. British troops had been stationed in the Province of Massachusetts Bay since 1768 in order to support crown-appointed officials and to enforce unpopular Parliamentary legislation. Amid tense relations between the civilians and the soldiers, a mob formed around a British sentry and verbally abused him. He was eventually supported by seven additional soldiers, led by Captain Thomas Preston, who were hit by clubs, stones, and snowballs. Eventually, one soldier fired, prompting the others to fire without an order by Preston. The gunfire instantly killed three people and wounded eight others ...
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