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
Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.
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
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
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
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
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
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 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
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
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: 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
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
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.
Courtrooms are places that most people would rather avoid. Most people associate courtrooms with lawsuits or criminal charges, and the procedures and terminology used by judges and lawyers can make it difficult
The best way to fight a red light camera ticket is to hire a lawyer who specializes in traffic tickets. He or she will be familiar with traffic ticket laws and the
This term is used for hearsay evidence that a person has learned from another person and has not seen or heard themselves.
the exception to a rule that bars the introduction of hearsay evidence in law suits.
Written or oral assertion offered as proof of truth in court. Includes hearsay and testimony.