|
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] |
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] |
Declarant
A declarant, generally speaking, is anyone who composes and signs a statement or declaration alleging that the information he has given therein is true. This differs from an ''affiant,'' as in the case of an affidavit the facts therein are sworn to before a notary public or other official, whereas a declaration is usually made by one person for the use of another. Uttering a statement or declaration which is proven to be false is a crime in many jurisdictions, though usually a separate offence from perjury. The word declarant, when discussing the hearsay rule and its exceptions, refers to the person who makes an out-of-court statement. For example, if John is on the witness stand A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ... and says "Mary said that she was afraid." Mary i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ... [...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] |
Fabrication (lie)
A lie is an assertion that is believed to be false, typically used with the purpose of deceiving or misleading someone. The practice of communicating lies is called lying. A person who communicates a lie may be termed a liar. Lies can be interpreted as deliberately false statements or misleading statements. Lies may also serve a variety of instrumental, interpersonal, or psychological functions for the individuals who use them. Generally, the term "lie" carries a negative connotation, and depending on the context a person who communicates a lie may be subject to social, legal, religious, or criminal sanctions; for instance, perjury, or the act of lying under oath, can result in criminal and civil charges being pressed against the perjurer. Although people in many cultures believe that deception can be detected by observing nonverbal behaviors (e.g. not making eye contact, fidgeting, stuttering) research indicates that people overestimate both the significance of such cues and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
