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Declarations against interest are an exception to the rule on hearsay in which a person's statement may be used, where generally the content of the statement is so predjudicial to the person making it (such as confessing to a crime or admitting liability for a tort) that they would not have made the statment unless they believed the statement was true. This differs from a party admission because here the declarant does not have to be a party to the case, but must have a basis for knowing that the statement is true. Furthermore, evidence of the statement will only be admissible if the declarant is unavailable to testify. Image File history File links Scale_of_justice. ...
The law of evidence governs the use of testimony (e. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In law and in religion, testimony is a solemn attestation as to the truth of a matter. ...
Documentary evidence is any evidence introduced at a trial in the form of documents. ...
Physical evidence is any evidence introduced in a trial in the form of a physical object, intended to prove a fact in issue based on its demonstrable physical characteristics. ...
Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. ...
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. ...
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Demonstrative evidence is evidence used to help the fact-finder gain context for the facts of the case. ...
Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ...
This article is about the Hearsay rule of evidence in English law. ...
Hearsay is a legal term that describes a class of evidence generally disallowed by most courts in the United States. ...
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. ...
In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...
In law, to lay a foundation means to provide sufficient evidence of the authenticity and relevance for the admission of the testimony of a witness, documentary evidence, or other piece of evidence. ...
A subsequent remedial measure is a term used in the law of evidence (law) in the United States to describe an improvement or repair made to a structure following an injury caused by the condition of that structure. ...
Character evidence is a term used in the law of evidence in the United States to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. ...
Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that persons tendancy to reflexively respond to a particular situation...
In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of infering that the accused committed the misconduct at issue. ...
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. ...
The chain of custody is a concept in jurisprudence which applies to the handling of evidence and its integrity. ...
Judicial Notice is a rule of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it is cannot be refuted. ...
The best evidence rule is a rule of evidence in the United States that requires that when writings are introduced as evidence in a trial, the original writing must be produced unless the party can account satisfactorily for its absence. ...
A self authenticating document, under the law of evidence in the United States is any document that can be admitted into evidence at a trial without any proof being submitted to support the claim that the document is what it appears to be. ...
An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ...
This article is about witnesses in law courts. ...
In law, competence is conerns the mental capacity of a individual to participate in legal proceedings. ...
A privilegeâetymologically private law or law relating to a specific individualâis an honour, or permissive activity granted by another person or a government. ...
Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a trial in a court of law. ...
In law, cross-examination is the interrogation of a witness called by ones opponent. ...
Witness impeachment, in the law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial. ...
A recorded recollection, in the law of evidence, is a an exception to the hearsay rule which allows a witness 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...
An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. ...
A dead man statute is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a decedent, unless there is a waiver. ...
Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ...
An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ...
In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person. ...
A party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit, which is offered as evidence against that party. ...
An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ...
A present sense impression, in the law of evidence, is a statement made by a person that conveys their sense of the state of certain things at the time the statement was made. ...
This article is for the legal term Res Gestae. For the article on the record of the accomplishments of the first Roman emperor, Augustus, see the article for Res Gestae Divi Augusti. ...
A learned treatise, in the law of evidence, is a text that is sufficiently authoritiative in its field to be admissible as evidence in a court in support of the contentions made therein. ...
In the law of evidence, an implied assertion is a statement or conduct that infers some fact. ...
A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ...
Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ...
This article or section does not adequately cite its references or sources. ...
This does not adequately cite its references or sources. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
Hearsay is a legal term that describes a class of evidence generally disallowed by most courts in the United States. ...
For example, California's Evidence Code Section 1230 defines "Declarations against interest" as | “ | Evidence of a statement by a declarant having sufficient knowledge of the subject is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and the statement, when made, was so far contrary to the declarant's pecuniary or proprietary interest, or so far subjected him to the risk of civil or criminal liability, or so far tended to render invalid a claim by him against another, or created such a risk of making him an object of hatred, ridicule, or social disgrace in the community, that a reasonable man in his position would not have made the statement unless he believed it to be true. | ” | |