Prior Inconsistent Statement - Law Dictionary Search Results
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prior inconsistent statement : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement NOTE: If a prior inconsistent statement was made under oath subject to the penalties of perjury at a previous proceeding (as a deposition or grand jury hearing), the statement is not hearsay under Federal Rule of Evidence 801(d)(1) and may be offered to prove that what was asserted in the statement is true. ...
prior consistent statement
prior consistent statement : a witness's statement made out of court prior to testifying that is consistent with the witness's testimony compare prior inconsistent statement NOTE: A prior consistent statement may be offered as evidence to rebut a charge that a witness's testimony is fabricated, provided that the witness is available to be cross-examined. Under Federal Rule of Evidence 801(d)(1), a prior consistent statement of a witness testifying at trial and subject to cross-examination is not hearsay. ...
statement
statement 1 a : an official or formal report or declaration [a of policy] b : an oral or written assertion (as by a witness) or conduct intended as an assertion see also hearsay, prior consistent statement, prior inconsistent statement 2 : a financial record or accounting ...
impeach
impeach [Anglo-French empecher, from Old French empeechier to hinder, from Late Latin impedicare to fetter, from Latin in- + pedica fetter, from ped- pes foot] 1 : to charge with a crime or misconduct ;specif : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office see also Article I and Article II of the Constitution in the back matter NOTE: Impeachment is the first step in removing an officer from office. The president, vice president, and other federal officers (as judges) may be impeached by the House of Representatives. (Members of Congress themselves are not removed by being impeached and tried, but rather are expelled by a two-thirds majority vote in the member's house.) The House draws up articles of impeachment that itemize the charges and their factual bases. The articles of impeachment, once approved by a simple majority of the House members, are then submitted to the Senate, thereby impeaching the officer. The Senate th...
rehabilitate
rehabilitate -tat·ed -tat·ing 1 : to restore to a former capacity ;specif : to restore credibility to (a witness or testimony) [the State simply brought out all of the prior statements to qualify or explain the inconsistency and to the witness "People v. Page, 550 N.E.2d 248 (1990)"] compare impeach NOTE: A witness whose trial testimony is inconsistent with his or her pretrial usually sworn statements is considered impeached. Such a witness may be rehabilitated usually on redirect examination. There are various state and federal evidentiary rules governing what evidence (as character evidence) is admissible to rehabilitate a witness. 2 a : to restore to a former state (as of good repair or solvency) [if the debtor wishes to liquidate rather than reorganize or the farming operation "J. H. Williamson"] b : to restore (as a convicted criminal defendant) to a useful and constructive place in society through therapy, job training, and other counseling re·ha·bil...
admission
admission 1 : the act or process of admitting [ into evidence] 2 a : a party's acknowledgment that a fact or statement is true NOTE: In civil cases admissions are often agreed to and offered in writing to the court before trial as a method of reducing the number of issues to be proven at trial. b : a party's prior out-of-court statement or action 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 construed as an admission where a person would reasonably be expected to speak up. ...
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