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Statement Against Interest
In United States law, a statement against interest is a statement made by a person which places them in a less advantageous position than if they had not made the statement and is, as a consequence, deemed credible as evidence (usually within a legal trial). For example, if a driver in an automobile accident boasts publicly that they were speeding, it may represent a legal admission of liability. It is analogous to the criminal equivalent, the statement against penal interest which is a statement that puts the person making the statement at risk of prosecution. In the United States federal court system and many state courts, statements against interest by individuals who are not available to be called at trial (but not other persons) may be admitted as evidence where in other circumstances they would be excluded as hearsay. Under thFederal Rules of Evidence Rule 804(b)(3) provides: "A statement that: (A) a reasonable person in the declarant's position would have made only if th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statement Against Penal Interest
In United States law, a statement against penal interest is a statement that puts the statement-maker at risk of prosecution. It is the criminal equivalent of a statement against interest, a statement a person would not normally make, which would put them in a disadvantaged position to that they would have had if they had not made the statement in the first place. In certain circumstances, it can be a factor in allowing as evidence statements that would otherwise be excluded through the law of 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 inadmis ....See Fed. R. Evid. 804(b)(4), available at https://www.law.cornell.edu/rules/fre References Against penal interest United States criminal law United States evidence law {{criminal-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 defamati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criterion Of Embarrassment
The criterion of embarrassment is a type of historical analysis in which a historical account is deemed likely to be true under the inference that that the author would have no reason to invent a historical account which might embarrass them. Certain Biblical scholars have used this as a metric for assessing whether the New Testament's accounts of Jesus' actions and words are historically probable.Catherine M. Murphy, ''The Historical Jesus For Dummies'', For Dummies Pub., 2007. p 14 The criterion of embarrassment is one of the criteria of authenticity used by academics, the others being the criterion of dissimilarity, the criterion of language and environment, criterion of coherence, and the criterion of multiple attestation. History The criterion of embarrassment is a long-standing tool of New Testament research. The phrase was used by John P. Meier in his 1991 book ''A Marginal Jew''; he attributed it to Edward Schillebeeckx (1914–2009), who does not appear to have actually ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statements (law)
Statement or statements may refer to: Common uses *Statement (computer science), the smallest standalone element of an imperative programming language *Statement (logic), declarative sentence that is either true or false *Statement, a declarative phrase in language (linguistics) *Statement, a North American paper size of 5 1⁄2 in × 8 in (140 mm × 203 mm), also known under various names such as half letter and memo *Financial statement, formal summary of the financial activities of a business, person, or other entity *Mathematical statement, a statement in logic and mathematics *Political statement, any act or nonverbal form of communication that is intended to influence a decision to be made for or by a group *Press statement, written or recorded communication directed at members of the news media *Statement of Special Educational Needs, outlining specific provision needed for a child in England *Witness statement (law), a signed document recording the evidence given by a perso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the most important is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
