Declaration Against Interest - Law Dictionary Search Results
declaration against interest
Matched in: Term declaration against interest
declaration
Matched in: Term declaration
Deathbed or Dying Declarations
as powerful over his conscience as the obligation of an oath, and partly on a supposed absence of interest in a person on the verge of the next world, which dispenses with the necessity of cross-examination. But … Deathbed or Dying Declarations are constantly admitted in evidence. The principle of this exception to the general rule is founded partly on
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Hearsay evidence
of public right, customs, boundaries, etc.; (4) admissibility of old leases, rent-rolls, surveys, etc.; (5) admissibility of declarations against interest; (6) admissibility of incumbents' books; (7) res gest' (q.v.)'see EVI-DENCE. Consult Best, Powell, Roscoe, or Taylor on Evid. … the exceptions to the general rule as to the inadmissibility of hearsay evidence are the follow-ing: (1) dying declarations; (2) hearsay in questions of pedigree; (3) hearsay on questions of public right, customs, boundaries, etc.; (4) admissibility
admission
that is inconsistent with his or her position at trial and that tends to establish guilt compare confession declaration against interest at declaration NOTE: Under the Federal Rules of Evidence an admission is not hearsay. Silence can sometimes be
confession
statement by an accused party acknowledging the party's guilt (as by admitting commission of a crime) compare admission declaration against interest at declaration, self-incrimination NOTE: Courts differ on how a confession establishes the accused's guilt; for example, in some
testimony
aware other than by direct perception at or before trial. positive testimony : testimony that presents an affirmative declaration of fact and is based on the personal knowledge of the testifier reputation testimony : testimony concerning a … admissible as an exception to the hearsay rule when the declarant is unavailable and if a predecessor in interest in a civil proceeding or the party against whom the testimony is offered had an opportunity and similar
Declaration of deceased person
Matched in: Term Declaration of deceased person
Threats
application for a patent, any person aggrieved thereby may bring an action against him, and may obtain a declaration to the effect that such threats are unjustifiable, and an injunction against the continuance of such threats and … or other like proceedings, then, whether the person making the threats is or is not entitled to or interested in a patent or an application for a patent, any person aggrieved thereby may bring an action against
Res inter alios acta alteri nocere non debet
Ridgway, (1808) 10 East, 109; 2 Sm LC, and other cases in which entries of a deceased stranger declarant against his interest, or in the course of his business, have been held admissible, in illustration of the
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