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Encyclopedia > Present sense impression
Part of a series on the common law
Types of evidence
Testimony
Documentary evidence
Physical evidence
Relevance
Subsequent remedial measure
Character evidence  · Habit evidence
Authentication
Judicial notice  · Best evidence rule
Self-authenticating document
Ancient document
Witnesses
Competence  · Privilege
Direct examination  · Cross examination
Impeachment  · Expert witness
Recorded recollection
Hearsay (and its exceptions)
Excited utterance  · Dying declaration
Party admission  · Ancient document
Declaration against interest
Present sense impression
Learned treatise
Other areas of the common law
Contract law  · Tort law  · Property law
Wills and Trusts  · Criminal law
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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. An example would be of a person saying, "it's cold" or "we're going really fast". Under the Federal Rules of Evidence, such statements are admissible to prove truth of the statement itself (i.e. to prove that it was, in fact cold at the time the person was speaking, or to prove that the person was indeed traveling very fast). This, therefore, constitutes an exception to the prohibition on hearsay. Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... The law of evidence governs the use of testimony (eg. ... 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. ... This article needs cleanup. ... 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... 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. ... 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. ... 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. ... A competency (in the technical sense used in recent corporate human resources thought) is the cluster of traits (skills, abilities, habits, character traits, knowledge) a person must have in order to perform a job well. ... A privilege is an honour, or permissive activity granted by another person or even 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. ... 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. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ... An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ... A dying declaration is a term used in the law of evidence to signify that testimony that would normally be barred as hearsay 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. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ... 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. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or moveable possessions) and in personal property, within the common law legal system. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... In common law legal systems, a trust is a relationship in which a person or entity (the trustee) has legal control over certain property (the trust property or trust corpus), but is bound by fiduciary duty to exercise that legal control for the benefit of someone else (the beneficiary), according... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... The law of evidence governs the use of testimony (eg. ... The Federal Rules of Evidence (FRE) are the rules that govern the admissibility of evidence in the United States federal court system. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ...


The basis for this exception is the belief that present sense impressions are likely to be reliable and true statements because it is a condition that the witness would likely have been experiencing at the same time as the declarant, and would instantly be able to corroborate. It is simply unlikely that a person would falsely say to another, "it's cold" if it was not really cold.


  Results from FactBites:
 
Present sense impression - Wikipedia, the free encyclopedia (214 words)
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 person was perceiving the event, or immediately thereafter.
The basis for this exception is the belief that present sense impressions are likely to be reliable and true statements because it is a condition that the witness would likely have been experiencing at the same time as the declarant, and would instantly be able to corroborate.
It is simply unlikely that a person would falsely say to another, "it's cold" if it was not really cold.
Hearsay - Wikipedia, the free encyclopedia (2388 words)
Present sense impressions: A statement expressing the declarant's impression of a condition existing at the time the statement was made, such as "it's hot in here", or "we're going really fast".
Declarations of present state of mind: Much like a present sense impression describes the outside world, declarant's statement to the effect of "I am angry!" or "I am Napoleon" will be admissible to prove that the declarant was indeed angry, or did indeed believe himself to be Napoleon at that time.
Present state of mind statements are also used as circumstantial evidence of subsequent acts committed by the declarant.
  More results at FactBites »


 

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