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Business Records Exception
The business records exception to the U.S. hearsay rule is based on Rule 803(6) of the Federal Rules of Evidence (FRE). It is sometimes referred to as the business entry rule. Rationale The basic rationale for the exception is that employees are under a duty to be accurate in observing, reporting, and recording business facts. The underlying belief is that special reliability is provided by the regularity with which the records are made and kept, as well as the incentive of employees to keep accurate records (under threat of termination or other penalty). The exception functions to allow the record to substitute for the in-court testimony of the employees, but it can only substitute for what the employee could testify about. The availability of the declarant (the employee whose testimony is being replaced by the record) is immaterial for the purposes of this exception. Reliability of the statements in the record It must be apparent to the judge that the record was made in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hearsay In United States Law
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as:A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)).The "declarant" is the person who makes the out-of-court statement. (F.R.E. 801(b)). The Federal Rules define a "statement" as "a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion." (F.R.E. 801(a)). The Supreme Court has further clarified that a "statement" refers to "a single declaration or remark, rather than a report or narrative." Thus, ... [...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 pursua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Termination Of Employment
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part, or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually thought to be the employee's fault, whereas a layoff is generally done for business reasons (for instance, a business slowdown or an economic downturn) outside the employee's performance. Firing carries a stigma in many cultures and may hinder the jobseeker's chances of finding new employment, particularly if they have been terminated from a previous job. Jobseekers sometimes do not mention jobs from which they were fired on their resumes; accordingly, unexplained gaps in employment, and refusal or failure to contact previous employers are often regarded as "red flags". Dismissal Dismissal is when the employer chooses to require the employee to leave, usu ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Report
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading. In Civil Law, a “complaint” is the first formal action taken to officially begin a lawsuit. This written document contains the allegations against the defense, the specific laws violated, the facts that led to the dispute, and any demands made by t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Informant
An informant (also called an informer or, as a slang term, a “snitch”) is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law-enforcement world, where informants are officially known as confidential human sources (CHS), or criminal informants (CI). It can also refer pejoratively to someone who supplies information without the consent of the involved parties."The Weakest Link: The Dire Consequences of a Weak Link in the Informant Handling and Covert Operations Chain-of-Command" by M Levine. ''Law Enforcement Executive Forum'', 2009 The term is commonly used in politics, industry, entertainment, and academia. In the United States, a confidential informant or "CI" is "any individual who provides useful and credible information to a law enforcement agency regarding felonious criminal activities and from whom the agency expects or intends to obtain additional useful and credible information regarding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Palmer V
Palmer may refer to: People and fictional characters * Palmer (pilgrim), a medieval European pilgrim to the Holy Land * Palmer (given name), including a list of people and fictional characters * Palmer (surname), including a list of people and fictional characters Arts and entertainment * ''Palmer'' (film), a 2021 American drama film * Palmer Museum of Art, the art museum of Pennsylvania State University Places * Palmer River (other) * Mount Palmer (other) Antarctica * Palmer Inlet, Palmer Land * Palmer Land, a portion of the Antarctic Peninsula * Palmer Peninsula, former American name of the Antarctic Peninsula Australia * Palmer, Queensland, a locality * Palmer, South Australia, a town * Palmer River (Northern Territory), a tributary of the Finke River * Palmer River, Queensland Canada * Palmer, Ontario, Canada, a community in Burlington * Palmer, Saskatchewan, an unorganized hamlet * Palmer Township, Algoma District, Ontario * Palmer, British Col ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Railroad
Rail transport (also known as train transport) is a means of transport that transfers passengers and goods on wheeled vehicles running on rails, which are incorporated in tracks. In contrast to road transport, where the vehicles run on a prepared flat surface, rail vehicles ( rolling stock) are directionally guided by the tracks on which they run. Tracks usually consist of steel rails, installed on sleepers (ties) set in ballast, on which the rolling stock, usually fitted with metal wheels, moves. Other variations are also possible, such as "slab track", in which the rails are fastened to a concrete foundation resting on a prepared subsurface. Rolling stock in a rail transport system generally encounters lower frictional resistance than rubber-tyred road vehicles, so passenger and freight cars (carriages and wagons) can be coupled into longer trains. The operation is carried out by a railway company, providing transport between train stations or freight customer fac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Financial Quote
A financial quotation refers to specific market data relating to a security or commodity. While the term quote specifically refers to the bid price or ask price of an instrument, it may be more generically used to relate to the last price which the security traded at ("last sale"). This may refer to both exchange-traded and over-the-counter financial instruments. Bid and ask The bid price (also known as the buy price) and the ask price (also known as the sell price) of a security are the prices (and often quantities) at which buyers and sellers are willing to purchase or sell that security. The bid shows the current price at which a buyer is willing to purchase shares, while the ask shows the current price at which they are willing to sell. The quantities at which these trades are placed are referred to as "bid size" and "ask size". For instance, if a trader submits a limit order to buy 1,000 shares of MSFT at $28.00, this order will appear in a market maker for MSFT's book wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Third-party Doctrine
The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy" in that information. A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant. Chronology Followed by the states in 1791, the Fourth Amendment to the United States Constitution was enacted in 1792, holding: In ''Katz v. United States'' (1967), the United States Supreme Court established its reasonable expectation of privacy test, which drastically expanded the scope of what was protected by the 4th amendment to include "what personseeks to preserve as private, even in an area accessible to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
