Spontaneous Declaration - Law Dictionary Search Results
Home Dictionary Name: spontaneous declarationspontaneous declaration
spontaneous declaration see declaration ...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
spontaneous exclamation
spontaneous exclamation : spontaneous declaration at declaration ...
spontaneous utterance
spontaneous utterance : spontaneous declaration at declaration ...
excited utterance
excited utterance : a statement that concerns a startling event (as a physical assault) and that is made by a person while under stress caused by the event see also res gestae spontaneous declaration at declaration compare dying declaration at declaration NOTE: Excited utterances are an exception to the hearsay rule. They may be admitted as evidence even if the declarant is available as a witness. ...
res gestae
res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Declaration in lieu of oath
Declaration in lieu of oath. By the (English) Statutory Declarations Act, 1835 (5 & 6Wm. 4, c. 62), any justice of the peace, notary public, or other officer authorized to administer an oath, is empowered to take voluntary declarations in the form specified in the Act; and any person wilfully making suchdeclaration false in any material particular is guilty of a misdemeanour. The form given by the Act of 1835 is as follows:--I, A.B., do solemnly and sincerely declare that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the (English) Statutory Declarations Act, 1835....
Declaration of trust
Declaration of trust. To prevent the inconvenience which arose from parol declarations and secret transfers of uses, s. 53 of the (English) Law of Property Act, 1925, reproducing and amending the (English) Statute of Frauds (29 Car. 2, c. 3), ss. 7, 8 and 9, requires that a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust, or by his will, and (1) a disposition of an equitable interest or trust, subsisting at the time of the disposition, must be in writing signed by the person disposing of the same or by his agent thereunto lawfully authorized in writing or by will; (2) this section does not affect the creation of resulting, implied or constructive trusts.It appears that this statute does not extend to the declaration or creation of trusts of mere personalty. But in practice, a parol declaration should never be relied on, for the intention to declare a trust should be ir...
Dying declaration
Dying declaration, The dying declaration is a state-ment by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant under s. 32(1) of the Indian Evidence Act in a case in which the cause of that person's death comes into question. It is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity, Tapinder Singh v. State of Punjab, (1970) 2 SCC 113: AIR 1970 SC 1566: (1971) 1 SCR 599.(ii) a dying declaration stands on the same footing as any other evidence and it is to be judged in the surrounding circumstances and with reference to the principles governing the weighting of evidence. The court mus...
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