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Hearsay
Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, 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 defamation case against Susan. Now the witness is asked about the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Act 2006
The Evidence Act 2006 is an Act of Parliament, Act of the Parliament of New Zealand that codifies the evidence (law), 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 admissible evidence, admissibility and use of evidence in court proceedings. The foundations of the Act started in August 1989, when the New Zealand Law Commission, 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 — Hears ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Baker
''R v Baker'' [1989] 1 NZLR 738 was a decision of the Court of Appeal of New Zealand concerning the admissibility of hearsay evidence (law), evidence in a criminal trial. The judgment of President Sir Robin Cooke, Baron Cooke of Thorndon, 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 (law), 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, New Zealand, 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 New Zealand Police, police was that, "on the night befo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Gestae
''Res gestae'' (Latin: "things done") is a term found in substantive and procedural American jurisprudence and English law. In American substantive law, it refers to the period of a felony from start-to-end. In American procedural law, it refers to a former exception to the hearsay rule for statements made spontaneously or as part of an act. The English and Canadian version of ''res gestae'' is similar, but is still recognized as a traditional exception to the hearsay rule. ''Res gestae'' in American substantive law In certain felony murder statutes, ''res gestae'' is a term defining the overall start-to-end sequence of the underlying felony. Generally, a felony's ''res gestae'' is considered terminated when the suspect has achieved a position of relative safety from law enforcement. ''Res gestae'' in American hearsay law Under the Federal Rules of Evidence, ''res gestae'' may formerly have been, but is no longer, an exception to the rule against hearsay evidence based on th ... [...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 meruit, 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 Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...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, bail, disclosure, allocation of |
List Of Objections (law)
In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness's testimony, and may also be raised during depositions and in response to written discovery. During trials and depositions, 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. At trial, 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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment guarantees criminal defendants eight different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In '' Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It ... [...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 A document is a writing, written, drawing, drawn, presented, or memorialized representation of thought, often the manifestation of nonfiction, non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes ... 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 sig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rule 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] |
Excited Utterance
An excited utterance, in the law of evidence, is a statement made by a person in response to a startling or shocking event or condition. It is an unplanned reaction to a "startling event". It is an exception to the hearsay rule. The statement must be spontaneously made by the person (the declarant) while still under the stress of excitement from the event or condition. The subject matter and content of the statement must "relate to" the event or condition in question. The statement could be a description or explanation (as required for present sense impression), or an opinion or inference. Examples include: "Look out! We're going to crash!" or "I think he's crazy. He's shooting at us!" The basis for this hearsay exception is the belief that a statement made under the stress is likely to be trustworthy and unlikely to be a premeditated falsehood. Compared to present sense impression, excited utterance is broader in scope for permitting a longer time lapse between event and s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declarant
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement'' which identifi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gossip
Gossip is idle talk or rumor, especially about the personal or private affairs of others; the act is also known as dishing or tattling. Etymology The word is from Old English ''godsibb'', from ''god (word), god'' and ''sibb'', the term for the godparents of one's child or the parents of one's godchild, generally very close friends. In the 16th century, the word assumed the meaning of a person, mostly a woman, one who delights in idle talk, a newsmonger, a tattler. In the early 19th century, the term was extended from the talker to the conversation of such persons. The verb ''to gossip'', meaning "to be a gossip", first appears in Shakespeare. The term originates from the bedroom at the time of childbirth. Giving birth used to be a social event exclusively attended by women. The pregnant woman's female relatives and neighbours would congregate and idly converse. Over time, gossip came to mean talk of others. Functions Gossip can: * reinforceor punish the lack ofmorality and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
