What is an example of an exception to the hearsay rule?
Public record: Records that are kept in the public domain might also qualify for a hearsay exception. This can include birth records, marriage certificates, or sometimes, police records and other documents that are kept in an official capacity.
Who is the hearsay declarant list three exceptions to the hearsay rule that require the declarant to be unavailable?
A declarant is considered to be unavailable as a witness if the declarant: (1) is exempted from testifying about the subject matter of the declarant’s statement because the court rules that a privilege applies; (2) refuses to testify about the subject matter despite a court order to do so; (3) testifies to not …
In which of the following hearsay exceptions must the declarant be unavailable?
A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying. (b) Hearsay exceptions.
Which of the following is not an exception to hearsay rule?
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. (3) Then-Existing Mental, Emotional, or Physical Condition.
Which of the following exceptions to the hearsay rule apply only if the declarant is unavailable?
The declarant must be unavailable for trial. Under the “past recollection recorded” exception to the hearsay rule, certain writings made by a declarant at or near the time of the event in question may be admissible. Which of the following statements regarding this exception to the hearsay rule is true?
What is hearsay for a non-hearsay purpose?
Hearsay statements that are given for a non-hearsay purpose are admissible (Section 60). A non-hearsay purpose is when the statement is being repeated not to establish its truth, but as evidence of the fact that the statement was made.
What is the difference between a hearsay use and a non-hearsay use of a previous representation?
In most cases, the relevance of the representation will be to prove the truth of what it asserts (a hearsay use). However, often what is relevant about a previous representation is not the truth of what it asserts, but simply the fact that it was said. This is a non-hearsay use of the representation.
How can hearsay objections be avoided?
If you made an objection, and opposing counsel says that an exception to hearsay applies, you need to be able to explain why it does not apply. For example: Your Honor, the statement is not being offered to explain the witness’s subsequent action; rather, it’s being offered for the truth of the matter.
What does the maxim delegatus non potest delegare mean?
Delegatus non potest delegare is a Latin Maxim. The English meanings of the words are given below. Thus delegatus non potest delegare means “the delegated (person) cannot delegate (further). Another usage of this maxing is delegata potestas non potest delegari. The English meanings of the words are given below.
Is there a maxim that a delegate cannot re-delegate?
In simple terms, a delegate cannot re-delegate. The maxim is derived from and is most frequently applied in matters relating to principal and agent but is not confined thereto. In general, the maxim deals with delegation.
Who is entrusted with the power of delegation?
It is the entrusting into another person the cloak of authority, empowering him to act as representative however, entrusted the power in the first place to do a certain act. In delegation, the person who is entrusted the power must be someone who ordinarily would have no such authority to act in that capacity in the first place.
Is it against the law to delegate to another person?
Furthermore, the law is not against delegation of authority to other people. However, the agent is banned from delegating act delegated to him because it would be a betrayal of trust reposed in him. An agent owes to his principal the duty of personal performance. But the rule, as every other rule in law is not without exceptions.