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Recorded Recollection
A recorded recollection (sometimes referred to as a prior recollection recorded), in the law of evidence, is an exception to the hearsay rule which allows witnesses to testify to the accuracy of a recording or documentation of their own out-of-court statement based on their recollection of the circumstances under which the statement was recorded or documented – even though the witness does not remember the events attested to in the statement. It is sufficient that the witness is able to testify to having made the recording, and to having written an accurate statement at that time. In the Third Circuit, the witness need not even make or draft the statement, but only accept it as their own. Under the Federal Rules of Evidence, § 803 (5), a recorded recollection is defined as follows: :A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been ... [...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] |
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] |
United States Court Of Appeals For The Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United States federal judicial district, districts: * United States District Court for the District of Delaware, District of Delaware * United States District Court for the District of New Jersey, District of New Jersey * United States District Court for the Eastern District of Pennsylvania, Eastern District of Pennsylvania * United States District Court for the Middle District of Pennsylvania, Middle District of Pennsylvania * United States District Court for the Western District of Pennsylvania, Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV United States territorial court, territorial court and not a district court under Article III of the Constitution. The c ... [...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 pursu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Civil Procedure
The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body. At the time (1934) was adopted, federal courts were generally required to follow the procedural rules of the states in which they sat, but they were free to apply federal common law in cases not governed by a state constitution or state statute. Whether within the intent of Congress or not when adopting 28 U.S.C. 724 (1934), the situation was effectively reversed in 1938, the year the Federal Rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Federal Rules of Civil Procedure. The admissibility and use of evidence in criminal proceedings (as well as civil) are governed by the separate Federal Rules of Evidence. Drafting and enactment The rules are promulgated by the Supreme Court of the United States, pursuant to its statutory authority under the Rules Enabling Act. The Supreme Court must transmit a copy of its rules to the United States Congress no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year. Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's propos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hearsay In English Law
The hearsay provisions of the Criminal Justice Act 2003 reformed the common law relating to the admissibility of hearsay evidence in criminal proceedings begun on or after 4 April 2005. Section 114 of the Criminal Justice Act 2003 defines hearsay evidence as a statement not made in oral evidence in criminal proceedings and admissible as evidence of any matter stated but only if certain conditions are met, specifically where: * It is in the interests of justice to admit it (see section 114(1)(d)) * The witness cannot attend (see section 116) * The evidence is in a document (see section 117) * The evidence is multiple hearsay (see section 121) The meaning of "statements" and "matter stated" is explained in section 115 of the 2003 Act. "Oral evidence" is defined in section 134(1) of that Act. History of the rule The rules of hearsay began to form properly in the late seventeenth century and had become fully established by the early nineteenth century. The issues were analysed i ... [...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: 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, a trial court must separately analyze each individual statement, "sentence-by-sentence", rather than analyzing the narrative as whole for hearsay content or exceptions. "The truth of the matter asserted" me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Law
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Law of New York may refer to: *Law of New York (state) *New York City Administrative Code *New York City Charter The New York City Charter is the municipal charter of New York City. As part of the 1898 consolidation of New York City, the New York State Legislature enacted a charter for the consolidated city (Laws of 1897, chapter 378, effective January 1, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
