In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.
In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).
One exception to hearsay is the Prior Consistent Statement. This exception is not unlike the Prior INconsistent statement, except that it is primarily used to rehabilitate a witness whereas the prior inconsistent statement is used to impeach. Once again, a prior consistent statement is admissible under the following circumstances: Person A tells Person B that the sky is blue, then testifies at a depo that the sky is green. At trial, Person A testifies that the sky is, in fact, blue. The other side, however, impeaches Person A with his depo testimony saying that the sky is green. A lawyer can then call Person B to testify, and talk about how Person A told Person B at an earlier occasion that the sky was blue.
Remember, the Hearsay rule is designed to bar unreliable evidence. Exceptions because of those events in everyday life wherein people utter inherently reliable statements.
Hearsay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminary Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
Wednesday, March 12, 2008
Tuesday, March 11, 2008
LA Legal Services Presents - Evidence (Hearsay Exception: Prior Inconsistent Statement)
In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.
In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).
One exception to hearsay is prior inconsistent statement. This is generally admissible as an exception when it's being used to impeach - or challenge - what some one is saying while they testify. An example: Person A said previously that the sky is blue, but right now, under oath, they're saying the sky in green. If Person A told Person B that they thought the sky was blue, you could ask Person B to testify and state that Person A had previously said the sky was blue. That way, the jury or the judge can decide if Person A is just a big fat liar and some of his/her testimony is potentially false.
Another way of using Prior Inconsistent Statement is to use previous testimony against Person A. For example, Person A signed a declaration or participated in a deposition where they said the sky was blue. Now, at trial, Person A says the sky is green. Using the prior deposition, declaration or testimony, you can impeach Person A by doing the following:
Lawyer: Person A, are you saying that the sky is green?
A: yes.
L: Did you previously testify at a depo?
A: Yes.
L: Was this under oath?
A: Yes.
L: Did you have a chance to review the transcript of the depo?
A: Yes.
L: Did you sign it as being accurate?
A: Yes.
(Point to the part of the depo which contradicts her/his current testimony)
L: Didn't you previously testify the sky is blue?
A: Yes.
Once again, the same effect on Person A's credibility is achieved.
Remember, hearsay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminary Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).
One exception to hearsay is prior inconsistent statement. This is generally admissible as an exception when it's being used to impeach - or challenge - what some one is saying while they testify. An example: Person A said previously that the sky is blue, but right now, under oath, they're saying the sky in green. If Person A told Person B that they thought the sky was blue, you could ask Person B to testify and state that Person A had previously said the sky was blue. That way, the jury or the judge can decide if Person A is just a big fat liar and some of his/her testimony is potentially false.
Another way of using Prior Inconsistent Statement is to use previous testimony against Person A. For example, Person A signed a declaration or participated in a deposition where they said the sky was blue. Now, at trial, Person A says the sky is green. Using the prior deposition, declaration or testimony, you can impeach Person A by doing the following:
Lawyer: Person A, are you saying that the sky is green?
A: yes.
L: Did you previously testify at a depo?
A: Yes.
L: Was this under oath?
A: Yes.
L: Did you have a chance to review the transcript of the depo?
A: Yes.
L: Did you sign it as being accurate?
A: Yes.
(Point to the part of the depo which contradicts her/his current testimony)
L: Didn't you previously testify the sky is blue?
A: Yes.
Once again, the same effect on Person A's credibility is achieved.
Remember, hearsay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminary Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
LA Legal Services Presents - Evidence (Hearsay Exception: Dying Declaration)
In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.
In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).
One of the exceptions to Hearsay is the Dying Declaration. Hearsay is excluded because it is considered inherently unreliable. The exceptions to the rule of hearsay are those out of court statements - which need to be true in order to be relevant - which common experience tells us are inherently reliable. It is perceived by courts that an individual who makes a statement just as they are dying (or genuinely believe they are about to die) is going to seriously accurate. As a result, if person A happens on person B, and person B has just been shot, and then person B says, "Person C did this to me!" Person A can then testify in court that Person B said exactly that. And any objections about hearsay would be overruled, because, Dying Declarations are an established and "well rooted" exception to Hearsay.
(This will be explored later, but the case of Crawford v. Pennsylvania - a Supreme Court case - bared some times of hearsay exceptions where the declarant [or the person making the statement] would not be available for cross-examination. Interestingly, Dying Declarations is one hearsay exception that is not barred by the ruling in Crawford.)
Hearsay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminary Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).
One of the exceptions to Hearsay is the Dying Declaration. Hearsay is excluded because it is considered inherently unreliable. The exceptions to the rule of hearsay are those out of court statements - which need to be true in order to be relevant - which common experience tells us are inherently reliable. It is perceived by courts that an individual who makes a statement just as they are dying (or genuinely believe they are about to die) is going to seriously accurate. As a result, if person A happens on person B, and person B has just been shot, and then person B says, "Person C did this to me!" Person A can then testify in court that Person B said exactly that. And any objections about hearsay would be overruled, because, Dying Declarations are an established and "well rooted" exception to Hearsay.
(This will be explored later, but the case of Crawford v. Pennsylvania - a Supreme Court case - bared some times of hearsay exceptions where the declarant [or the person making the statement] would not be available for cross-examination. Interestingly, Dying Declarations is one hearsay exception that is not barred by the ruling in Crawford.)
Hearsay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminary Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
LA Legal Services Presents: Evidence (Best Evidence Rule)
In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.
In evidence, the law makes it very important that only the best and most reliable evidence is admissiable and usuable. This is a common sense requirement, but it's amazing how many litigators get confused by this. Towards this aim of the best possible evidence is the common law rule of Best Evidence. This rule is applicable to documentary or non-testimonial evidence, such as reports or photographs. Essentially, the Best Evidence Rule requires the admission of an original, and not a copy. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In California, including Los Angeles and Orange County, there are relaxed standards with regards to the Best Evidence Rule.
Specifically, the Best Evidence Rule applies only where there is some question over the authenticity of the original. In fact, if there is no question, it is statutorily permissible to use a copy. In today's age of digital technology, the Best Evidence Rule is being increasing out-moded, though it's underlying necessity still exists. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
In evidence, the law makes it very important that only the best and most reliable evidence is admissiable and usuable. This is a common sense requirement, but it's amazing how many litigators get confused by this. Towards this aim of the best possible evidence is the common law rule of Best Evidence. This rule is applicable to documentary or non-testimonial evidence, such as reports or photographs. Essentially, the Best Evidence Rule requires the admission of an original, and not a copy. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In California, including Los Angeles and Orange County, there are relaxed standards with regards to the Best Evidence Rule.
Specifically, the Best Evidence Rule applies only where there is some question over the authenticity of the original. In fact, if there is no question, it is statutorily permissible to use a copy. In today's age of digital technology, the Best Evidence Rule is being increasing out-moded, though it's underlying necessity still exists. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
LA Legal Services Presents: Evidence (Hearsay)
In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.
In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).
Heasay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminay Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).
Heasay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminay Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
Sunday, March 9, 2008
LA Legal Services Presents: Evidence (Relevance)
In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.
In evidence, the first and most important consideration is that evidence is only admissible if it relevant. For an item of evidence to be relevant, it must make a fact at issue or less likely to be true. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In California, Evidence Code 351 makes any irrelevant evidence inadmissible, and any relevant evidence admissible unless otherwise barred by another rule of evidence.
Relevance is the most common objection raised by attorneys during any legal proceedings. Although it is a fundamental concept in the law, it still is the first, and primary, gateway for introducing evidence. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
In evidence, the first and most important consideration is that evidence is only admissible if it relevant. For an item of evidence to be relevant, it must make a fact at issue or less likely to be true. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In California, Evidence Code 351 makes any irrelevant evidence inadmissible, and any relevant evidence admissible unless otherwise barred by another rule of evidence.
Relevance is the most common objection raised by attorneys during any legal proceedings. Although it is a fundamental concept in the law, it still is the first, and primary, gateway for introducing evidence. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!
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