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Hearsay Evidence
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 defamat ... [...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, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Present Sense Impression
A present sense impression, in the law of evidence, is a statement made by a person (the declarant) that conveys his or her sense of the state of an event or the condition of something. The statement must be spontaneously made while the person was perceiving (i.e. contemporaneous with) the event or condition, or "immediately thereafter." The permissible time lapse between event and statement may range from seconds to minutes, but probably not hours. The subject matter and content of the statement are limited to descriptions or explanations of the event or condition, therefore opinions, inferences, or conclusions about the event or condition are not present sense impressions. An example of present sense impression is of a person saying, "it's cold" or "we're going really fast". Under the Federal Rules of Evidence RE 803(1) a statement of present sense impression is an exception to the prohibition on use of hearsay Hearsay evidence, in a legal forum, is testimony from an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elsevier
Elsevier () is a Dutch academic publishing company specializing in scientific, technical, and medical content. Its products include journals such as ''The Lancet'', ''Cell'', the ScienceDirect collection of electronic journals, '' Trends'', the '' Current Opinion'' series, the online citation database Scopus, the SciVal tool for measuring research performance, the ClinicalKey search engine for clinicians, and the ClinicalPath evidence-based cancer care service. Elsevier's products and services also include digital tools for data management, instruction, research analytics and assessment. Elsevier is part of the RELX Group (known until 2015 as Reed Elsevier), a publicly traded company. According to RELX reports, in 2021 Elsevier published more than 600,000 articles annually in over 2,700 journals; as of 2018 its archives contained over 17 million documents and 40,000 e-books, with over one billion annual downloads. Researchers have criticized Elsevier for its high profit marg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Baker
''R v Baker'' 9891 NZLR 738 was a decision of the Court of Appeal of New Zealand concerning the admissibility of hearsay evidence in a criminal trial. The judgment of President Sir Robin Cooke's created a common law exception to the rule against hearsay evidence in situations where the evidence is reliable and the witness unavailable. This principle was incorporated into the codification of the hearsay rule in the Evidence Act 2006. Background Dean Baker had been accused of and committed to trial for the murder and rape of his wife who lived apart from him. Mrs. Baker had been shot through the forehead and found dead on the bedroom floor of her Napier flat. There was tape and cords on the bed and evidence that Mrs. Baker had had recent sexual intercourse. The accused had also been shot in the head. The accused's statement to police was that, "on the night before the shootings she had telephoned him and asked him to come round in the morning to shoot some stray cats. That a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Act 2006
The Evidence Act 2006 is an Act of the Parliament of New Zealand that codifies the laws of evidence. When enacted, the Act drew together the common law and statutory provisions relating to evidence into one comprehensive scheme, replacing most of the previous evidence law on the admissibility and use of evidence in court proceedings. The foundations of the Act started in August 1989, when the Law Commission started work on reviewing the nation's piecemeal evidence laws. A decade of work culminated in August 1999 with the Commission producing a draft Evidence Code on which the Evidence Act is based. The Evidence Bill was introduced in May 2006 and passed its third and final reading on 23 November 2006. The majority of the Act came into force on 1 August 2007. Structure *Part 1 — Preliminary provisions (s 6-15) *Part 2 — Admissibility rules, privilege, and confidentiality **Subpart 1 — Hearsay evidence (s 16-22A) **Subpart 2 — Statements of opinion and expert evidence (s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Act 1950
The Evidence Act 1950 ( ms, Akta Keterangan 1950), is a Malaysian set of laws which were enacted to define the law of evidence. Structure The Evidence Act 1950, in its current form (1 January 2006), consists of 3 Parts containing 11 chapters, 167 sections and no schedule (including 9 amendments). *Part I: Relevancy **Chapter I: Preliminary **Chapter II: Relevancy of Facts ***General ***Admissions and Confessions ***Statements by Persons who cannot be called as Witnesses ***Statements made under Special Circumstances ***How much of a Statement to be proved ***Judgments of Courts when relevant ***Opinions of Third Persons when relevant ***Character when relevant *Part II: Proof **Chapter III: Facts which need not be proved **Chapter IV: Oral Evidence **Chapter V: Documentary Evidence ***Public Documents ***Presumptions as to Documents ***Documents Produced by a Computer **Chapter VI: Exclusion of Oral by Documentary Evidence *Part III: Production and Effect of Evidence **Chapter VII: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 2003
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020.Sentencing Act 2020 s. 413 & sch. 28 It amends the law relating to powers, , , allocation of |
Civil Evidence Act 1995
Civil may refer to: * Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights * Civil disobedience *Civil engineering * Civil (journalism), a platform for independent journalism *Civilian, someone not a member of armed forces * Civil law (other), multiple meanings * Civil liberties * Civil religion * Civil service *Civil society *Civil war A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ... * Civil (surname) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-authenticating Document
A self-authenticating document, under the law of evidence in the United States, is any document that can be admitted into evidence at a trial without proof being submitted to support the claim that the document is what it appears to be. Several categories of documents are deemed to be self-authenticating: #Certified copy of public or business records; #Official publications of government agencies; #Newspaper articles; #Trade inscriptions, such as labels on products; #Acknowledged documents (wherein the signer also gets a paper notarized); and #Commercial paper under the Uniform Commercial Code. Although most U.S. states have evidentiary rules similar to the Federal Rules of Evidence, the California Evidence Code diverges significantly from the FRE in that it does not treat trade inscriptions as self-authenticating.See ''Dicola v. White Brothers Performance Prods.''158 Cal. App. 4th 666(2008) (holding that product label was hearsay). This means that if a defendant does not stipul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
