Spontaneous Utterance - Law Dictionary Search Results
Home Dictionary Name: spontaneous utterancespontaneous utterance
spontaneous utterance : spontaneous declaration at 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...
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. ...
spontaneous exclamation
spontaneous exclamation : spontaneous declaration at declaration ...
spontaneous declaration
spontaneous declaration see declaration ...
Uttering
Uttering, tendering; selling; putting in circulation; publishing. Knowingly uttering counterfeit coin is a misdemeanour, and after two prior convictions a felony, by the Coinage Offences Act, 1861, s. 21. Knowingly uttering a forged document is punishable as forgery, The (English) Forgery Act, 1913, s. 6.The crime of presenting a false or worthiness instrument with intent to harm or defraud, Black's Law Dictionary, 7th Edn....
utter
utter : to put (as a counterfeit note) into circulation as if genuine [convicted of ing a forged check] ut·ter·er n ...
Utter Barristers
Utter Barristers, barristers who plead 'without' the bar; all such counsel as are not either King's Counsel or Serjeants-at-law. See Cowel, tit. 'Barraster.'...
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...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
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