When.com Web Search

Search results

  1. Results From The WOW.Com Content Network
  2. Excited utterance - Wikipedia

    en.wikipedia.org/wiki/Excited_utterance

    The basis for this hearsay exception is the belief that a statement made under the stress is likely to be trustworthy and unlikely to be a premeditated falsehood. Compared to present sense impression, excited utterance is broader in scope for permitting a longer time lapse between event and statement, and a wider range of content in the statement.

  3. Declaration against interest - Wikipedia

    en.wikipedia.org/wiki/Declaration_against_interest

    In United States law, a declaration (or statement) against interest is 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 prejudicial to the person making it that they would not have made the statement unless they believed the statement was true. For example, if a ...

  4. Hearsay in United States law - Wikipedia

    en.wikipedia.org/wiki/Hearsay_in_United_States_law

    This statement would be hearsay. Unless the attorney can show that this statement falls within an exception to the hearsay rule, the factfinder (the judge or jury) may not consider Monica's statement (this particular statement, however, would likely be admissible because of the "excited utterance" and "present sense impression" exceptions).

  5. Res gestae - Wikipedia

    en.wikipedia.org/wiki/Res_gestae

    The present sense impression, excited utterance, and then-existing mental, emotional, or physical condition hearsay exceptions, respective to the above headings, now cover many situations under the Federal Rules of Evidence that would formerly have been considered res gestae. [2]

  6. Prior consistent statements and prior inconsistent statements

    en.wikipedia.org/wiki/Prior_consistent...

    A prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay. A prior consistent statement is admissible: to rebut an express or implied charge that the declarant recently fabricated a statement, for instance, during her testimony at trial; the witness testifies at the present trial; and

  7. Party admission - Wikipedia

    en.wikipedia.org/wiki/Party_admission

    The rationale for a party admission exception to hearsay exclusion can be mostly easily understood by reference to the rationale for the hearsay rule itself. Affidavit evidence consisting of out-of-court statements is not subject to cross-examination. Affidavit evidence is thought to detract from the truth-finding mission of a trial.

  8. Present sense impression - Wikipedia

    en.wikipedia.org/wiki/Present_sense_impression

    Under the Federal Rules of Evidence [FRE 803(1)], [1] a statement of present sense impression is an exception to the prohibition on use of hearsay as evidence at a trial or hearing, and is therefore admissible to prove the 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 ...

  9. Outline of evidence law in the United States - Wikipedia

    en.wikipedia.org/wiki/Outline_of_evidence_law_in...

    Hearsay in English law; Hearsay in United States law; Confessions; Business records exception; Excited utterance; Dying declaration; Party admission; Ancient documents; Declarations against interest; Present sense impression; Res gestae; Learned treatise; Implied assertion