Business Records Exception - Law Dictionary Search Results
Home Dictionary Name: business records exceptionbusiness records exception
business records exception : an exception to the hearsay rule that allows admission into evidence of records, reports, compilations of data, or memoranda of an event, act, condition, opinion, or diagnosis that are made at or near the time of the event by a person with knowledge or from information transmitted by a person with knowledge and that are made as a regular practice of the business ...
record
record 1 : to put in a record 2 : to deposit or otherwise cause to be registered in the appropriate office as a record and notice of a title or interest in property [ a deed] [ a mortgage] see also recording act 3 : to cause (as sound, images, or data) to be registered on something in reproducible form [ a telephone conversation] vi : to record something [re-kərd] n 1 : the documentary account of something [confidential medical s]: as a : an official document that records the acts of a public body or officer b : an official copy of a document deposited with a designated officer c : the official set of papers used and generated in a proceeding [the appeals court reviewed the trial ] d : documented evidence or history of one or more arrests or convictions see also business records exception, public records exception 2 : something (as a disc or tape) on which images, sound, or data has been recorded of record 1 : on the record of the court in connection with a particul...
public records exception
public records exception : an exception to the hearsay rule allowing admission into evidence of records, reports, statements, or data compilations made by public offices or agencies that set forth activities of the office or agency, matters observed pursuant to a duty under law that are required to be reported, or factual findings resulting from an investigation made pursuant to lawful authority that are to be used in civil actions or proceedings or in criminal actions against the government ...
witness
witness [Old English witnes knowledge, testimony, witness, from wit mind, sense, knowledge] 1 a : attestation of a fact or event [in whereof the parties have executed this release] b : evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal 2 : one who gives evidence regarding matters of fact under inquiry ;specif : one who testifies or is legally qualified to testify in a case or to give evidence before a judicial tribunal or similar inquiry [a before a congressional committee] [no person…shall be compelled in any criminal case to be a against himself "U.S. Constitution amend. V"] compare affiant, deponent adverse witness : a witness who is called by or associated with an opposing party or who by statement, conduct, or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called [sought to have his witness declared an adverse witness subject to impeachment] called als...
required records doctrine
required records doctrine : a doctrine holding that the privilege against self-incrimination does not apply to business records that are customarily kept in accordance with government regulation and that have aspects such that the records can be characterized as public ...
Record
Record, a memorial or remembrance; an authentic testimony in writing contained in rolls of parchment, and preserved in a Court of record. The public records of the kingdom are placed under the superintendence of the Master of the Rolls, and a Record Office established by the (English) Public Record Office Act, 1838 (1 & 2 Vict. c. 94). The (English) Public Record Office (commonly called the Rolls Office) is a large building in Chancery Lane, London, and was opened in 1902.There are three kinds of records, viz.: (1) judicial, as an attainder; (2) ministerial, on oath, being an office or inquisition found; (3) by way of conveyance, as a deed enrolled. As to ancient public records generally, see Hubback on Succession, pp. 607 et seq.The Record Offices of the Supreme Court are now merged in the Central Office there. See (English) R.S.C. Ord. LXI.Also the general name given to (a) pleadings and subsequent orders and recorded matters in an action (by R. S. C. 1883, Ord. XXXVI. R. 30, the par...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Bill of exceptions
Bill of exceptions. Prior to the Judicature Acts, if a judge, at the trial of a cause at Nisi Prius, mistook the law, either in directing a judgment of nonsuit or in refusing or admitting evidence or challenges, and other matters, the counsel for the party dissatisfied with the ruling of the judge might tender a bill of exceptions at any time before verdict, and require the judge to seal it.By the Judicature Act, 1875, Ord. LVIII., r. 1, bills of exception are abolished. But it is provided by s. 22, 'that nothing in the said Act, nor in any rule, etc., shall prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury, etc.: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal, founded upon an exception entered upon or annexed to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by mot...
Recorder
Recorder, in municipal boroughs having a separate Court of Quarter Sessions, a barrister of five years' standing at least, appointed by the Crown, holding office during good behaviour, and receiving 'such yearly salary not exceeding that stated in the petition on which the grant of a separate Court of Quarter Sessions was made,' as the sovereign directs. He is sole judge of the Court of Quarter Sessions, 'having cognizance of all crimes, offences, and matters cognizable by Courts of Quarter Sessions in England,' except that he may not grant licences or hear licensing appeals under the Intoxicating Liquor Licensing Acts, or levy rates (Municipal Corporations Act, 1882, ss. 162, 165). He may appoint as 'deputy recorder' a barrister of five years' standing, in case of sickness or unavoidable absence, and an 'assistant recorder' if it appears that the Quarter Sessions are likely to last more than three days (ibid., s. 168), as amended by the Summary Jurisdiction (Appeals) Act (23 & 24 Geo....
Business names
Business names. The (English) Registration of Business Names Act, 1916, necessitates the registration of every firm or person carrying on business in the United Kingdom unless carried on in their true names. 'Business' includes profession. The Act imposes penalties for any period of non-registration or fraud when furnishing any statement required by the Act. S. 8 provides that any firm or person, in default of registration, shall be unable to enforce contracts made in relation to the business in respect of which the default has been made. Provisions are, however, made for obtaining relief in certain cases. Firms and persons obliged to register under the Act must set out in trade catalogues, business letters, etc., the true name or names of the person or persons trading under the business name. The fees payable on registration have been increased by s. 5 of the (English) Fees Increase Act, 1923. See also the (English) Companies Act, 1929, s. 145, which applies and extends the provisions...
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