The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Search Results for: hearsay

HEARSAY EVIDENCE

Testimony about out of court statements that are involving someone other than the person that is testifying. It is inadmissible because it cannot be cross examined. Civil court will use it as

HEARSAY

A term applied to that species of testimony given by a witness whorelates, not what he knows personally, but what others have told him, or what he hasheard said by others. Ilopt

Evidence

General Things to Remember Always ask yourself, at what stage of the proceedings am I in?  What kind of case is it?  What is the issue?  What is the evidence coming in

Evidence 2

Introduction Evidence concerns the process of the trial – it starts where criminal and civil procedure stops Rule 102 – These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of

Labor Law

Employment Law v. Labor Law  Employment Law  The basic pattern of law which deals with employment issues/the employment relationship: worker safety (OSHA), minimum wage, age/race/creed discrimination, FamilyMedical LeaveAct, pension regulation. Labor Law The

Criminal Procedure (Investigations)

Exclusionary Rule 1) Evidence 2) collected or analyzed 3) in violation of the defendant’s constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law 4) in order to deter future 4th Amendment violation. – Good-Faith Exception: “When the police act with

Criminal Procedure (Criminal Procedure and the Constitution)

CRIMINAL PROCEDURE Big Five: Mapp, Katz, Miranda, Terry, & Gideon Powell v. Alabama (1932) – is the first modern criminal procedure Takeaway: right to counsel is absolute; seen as a restraint on federal government. Previously, the S.Ct. had

Criminal Law (Keyed to Dressler)

 INTRODUCTION TO CRIMINAL LAW Introduction What is a crime? An act or omission and its accompanying state of mind, which, if shown to have taken place, will incur a formal and solemn

Criminal Law (Emanuel)

ACTUS REUS AND MENS REA GENERAL Four elements: All crimes have several basic common elements: (1) a voluntary act (“actus reus”); (2) a culpable intent (“mens rea”); (3) “concurrence” between the mens

Civ Pro II (Glannon)

Civ Pro II: Spring 2012; Glannon Text FRCP, Statutes, and Amendments Outline in the Order Presented in the Text  Chapter 10: Constitutional Requirement of Notice and Methods of Service 14th Amendment: allows

Civil Procedure I (Clermont)

Selecting the Proper Court Requirements Subject matter jurisdiction Background Federal courts are of limited jurisdiction, set forth in Article III § 2 Cases based on nature of the claim Federal Question*** Foreign

Admin Law Keyed to Rogers & Krotoszynski

CHAPTER 1: INTRODUCTION  A. OVERVIEW OF THE WORK AND PLACE OF ADMINISTRATIVE AGENCIES IN OUR SYSTEM OF GOVERNMENT 1. Interstate Commerce Commission v. Cincinnati, New Orleans and Texas Pacific Railway Co 2.

How To Write A Witness Report

If you have witnessed an accident or crime being commissioned, you might be called upon to write a witness report. Your report will become a legal record and might be used in

SECONDHAND EVIDENCE

This term is used for hearsay evidence that a person has learned from another person and has not seen or heard themselves.

TESTIMONIAL EVIDENCE

Written or oral assertion offered as proof of truth in court. Includes hearsay and testimony.