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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. [1]
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest".
United States v. Carolene Products Company, 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce.
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
U.S. President-elect Donald Trump said on Tuesday he will direct his Justice Department to "vigorously pursue" the death penalty to protect Americans from "violent rapists, murderers, and monsters ...
Victims of the Los Angeles wildfires, likely the costliest in U.S. history, are seizing upon a unique California legal doctrine that allows them to collect from their power utility if its ...
A presumption is a probable conjecture about an uncertain matter; one is a presumption of law, which is established by the law itself; another is human, which is formulated by a judge. [3] This canon of the 1983 Code removes the distinction between relative and absolute legal presumption that was present in the 1917 Code of Canon Law. [3]
Prosecutors say over 40 women have accused at least one of the brothers of rape or sexual assault since 2002 or 2003