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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 defamatio ... [...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 ( ... [...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 ... [...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, standard ... [...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, standard ... [...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, , disclosure, allocation of |
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 the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants 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 has additionally held that the requirement of a ... [...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 ... [...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 pursua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-authenticating Document
A self-authenticating document, under the law of evidence (law), 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 notary public, notarized); and #Negotiable instrument, 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 hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Learned Treatise
A learned treatise, in the law of evidence, is a text that is sufficiently authoritative in its field to be admissible as evidence in a court in support of the contentions made therein. Under the common law, such evidence was at one time considered hearsay - a statement made out of court being introduced to prove the truth of the statement - and was not admissible ''except'' to rebut the testimony of an opposing expert witness. There were four ways to introduce such evidence: # Adduce testimony that the opposing expert witness actually used that text to reach his conclusions; # Adduce testimony by the opposing expert admitting that the text is an authority in the field; # Have a friendly expert witness testifying against the opposing expert witness attest to the authoritativeness of the text. # Have the judge take judicial notice of the text, if it is sufficiently notable that the average person would know that it is an authority (for example, '' Gray's Anatomy''). Under the Fed ... [...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] |
Gossip
Gossip is idle talk or rumour, especially about the personal or private affairs of others; the act is also known as dishing or tattling. Gossip is a topic of research in evolutionary psychology, which has found gossip to be an important means for people to monitor cooperative reputations and so maintain widespread indirect reciprocity. Indirect reciprocity is a social interaction in which one actor helps another and is then benefited by a third party. Gossip has also been identified by Robin Dunbar, an evolutionary biologist, as aiding social bonding in large groups. Etymology The word is from Old English ''godsibb'', from '' 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 su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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