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Encyclopedia > Testimony
Evidence
Part of the common law series
Types of evidence
Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
Demonstrative evidence
Hearsay in U.K. law · in U.S. law
Relevance
Burden of proof
Laying a foundation
Subsequent remedial measure
Character evidence · Habit evidence
Similar fact evidence
Authentication
Chain of custody
Judicial notice · Best evidence rule
Self-authenticating document
Ancient document
Witnesses
Competence · Privilege
Direct examination · Cross-examination
Impeachment · Recorded recollection
Expert witness · Dead man statute
Hearsay (and its exceptions)
Excited utterance · Dying declaration
Party admission · Ancient document
Declaration against interest
Present sense impression · Res gestae
Learned treatise
Other areas of the common law
Contract law · Tort law · Property law
Wills and Trusts · Criminal law

In law and in religion, testimony is a solemn attestation as to the truth of a matter. Image File history File links Scale_of_justice. ... The law of evidence governs the use of testimony (e. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Documentary evidence is any evidence introduced at a trial in the form of documents. ... Physical evidence is any evidence introduced in a trial in the form of a physical object, intended to prove a fact in issue based on its demonstrable physical characteristics. ... Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. ... Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Demonstrative evidence is evidence used to help the fact-finder gain context for the facts of the case. ... This article is about the Hearsay rule of evidence in English law. ... Hearsay is a legal term that describes a class of evidence generally disallowed by most courts in the United States. ... Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. ... In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... In law, to lay a foundation means to provide sufficient evidence of the authenticity and relevance for the admission of the testimony of a witness, documentary evidence, or other piece of evidence. ... A subsequent remedial measure is a term used in the law of evidence (law) in the United States to describe an improvement or repair made to a structure following an injury caused by the condition of that structure. ... Character evidence is a term used in the law of evidence in the United States to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. ... Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that persons tendancy to reflexively respond to a particular situation... In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of infering that the accused committed the misconduct at issue. ... Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. ... The chain of custody is a concept in jurisprudence which applies to the handling of evidence and its integrity. ... Judicial Notice is a rule of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it is cannot be refuted. ... The best evidence rule is a rule of evidence in the United States that requires that when writings are introduced as evidence in a trial, the original writing must be produced unless the party can account satisfactorily for its absence. ... A self authenticating document, under the law of evidence in the United States is any document that can be admitted into evidence at a trial without any proof being submitted to support the claim that the document is what it appears to be. ... An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ... This article is about witnesses in law courts. ... In law, competence is conerns the mental capacity of a individual to participate in legal proceedings. ... A privilege—etymologically private law or law relating to a specific individual—is an honour, or permissive activity granted by another person or a government. ... Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a trial in a court of law. ... In law, cross-examination is the interrogation of a witness called by ones opponent. ... Witness impeachment, in the law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial. ... A recorded recollection, in the law of evidence, is a an exception to the hearsay rule which allows a witness to testify to the accuracy of a recording or documentation of their own out-of-court statement based on their recollection of the circumstances under which the statement was recorded... An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. ... A dead man statute is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a decedent, unless there is a waiver. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ... An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ... In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person. ... A party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit, which is offered as evidence against that party. ... An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ... A present sense impression, in the law of evidence, is a statement made by a person that conveys their sense of the state of certain things at the time the statement was made. ... This article is for the legal term Res Gestae. For the article on the record of the accomplishments of the first Roman emperor, Augustus, see the article for Res Gestae Divi Augusti. ... A learned treatise, in the law of evidence, is a text that is sufficiently authoritiative in its field to be admissible as evidence in a court in support of the contentions made therein. ... A contract is a promise or an agreement made of a set of promises. ... // Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Weighing scales represent the way law balances peoples interests For other senses of this word, see Law (disambiguation). ...

Contents

Legal testimony

In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Weighing scales represent the way law balances peoples interests For other senses of this word, see Law (disambiguation). ... The law of evidence governs the use of testimony (e. ... This article is about witnesses in law courts. ... An oath (from Old Saxon eoth) is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually a god, as a witness to the binding nature of the promise or the truth of the statement of fact. ... An affirmation (from Latin affirmare, to assert) is the declaration that something is true. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. ...


The word 'testify' originates from biblical times when men swore an oath by punishment of getting their testicles crushed by stones.


A subpoena commands a person to appear. It is compulsory to comply. A subpoena is a writ commanding a person to appear under penalty (from Latin). ...


When a witness is asked a question, the opposing attorney can raise an objection ([1], [2]), which is a legal move to disallow an improper question, preferably before the witness answers, and mentioning one of the standard reasons, including:

There may also be an objection to the answer, including: The best evidence rule is a rule of evidence in the United States that requires that when writings are introduced as evidence in a trial, the original writing must be produced unless the party can account satisfactorily for its absence. ... A compound question is one that actually asks several things which might require different answers. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ... A leading question is a question which attempts to direct a respondant to a particular answer or implies a correct response. ... A privilege—etymologically private law or law relating to a specific individual—is an honour, or permissive activity granted by another person or a government. ...

  • non-responsive

Up until the mid-20th century, in much of the United States, an attorney often had to follow an objection with an exception to preserve the issue for appeal. If an attorney failed to "take an exception" immediately after the court's ruling on the objection, he waived his client's right to appeal the issue. Exceptions have since been abolished, due to the widespread recognition that forcing lawyers to take them was a waste of time.


Religious testimony

In religion, testimony generally involves an inward belief or outward profession of faith or of personal religious experience. In some religions (most notably Mormonism and Islam) many adherents testify as a profession of their faith, often to a congregation of believers. In Mormonism, testifying is also referred to as "bearing one's testimony," and often involves the sharing of personal experience—ranging from a simple anecdote to an account of personal revelation—followed by a statement of belief that has been confirmed by this experience. Christians in general use the term "testify" or "to give your testimony" to mean "the story of how you became a Christian." Sometimes very dramatic testimonies are asked to be told at gatherings, such as a former problem drinker telling of how they randomly opened the Bible and their finger went to the verse about "do not become drunk with wine" and that began their acceptance of Christ. In addition to outward professions of faith, testimony also may refer to an inwardly-held belief, even if not shared. Mormonism is a term used to describe religious, ideological, and cultural aspects of the various Latter Day Saint churches. ... Islam (Arabic:  ) is a monotheistic religion based upon the Quran, its principal scripture, whose followers, known as Muslims (مسلم), believe God (Arabic: الله ) sent through revelations to Muhammad. ... This article or section does not cite its references or sources. ... Mormonism is a term used to describe religious, ideological, and cultural aspects of the various Latter Day Saint churches. ... To meet Wikipedias quality standards, this article may require cleanup. ...


Testimony in literature

Some published oral or written autobiographical narratives are considered "testimonial literature" particularly when they present evidence or first person accounts of human rights abuses, violence and war, and living under conditions of social oppression. This usage of the term comes originally from Latin America, and the Spanish term "testimonio" when it emerged from human rights tribunals, truth commissions, and other international human rights instruments in countries such as Chile and Argentina. One of the most famous, though controversial, of these works to be translated into English is I, Rigoberta Menchú. The autobiographies of Frederick Douglass can be considered among the earliest significant English-language works in this genre. Oral history is an account of something passed down by word of mouth from one generation to another. ... Cover of An autobiography, from the Greek auton, self, bios, life and graphein, write, is a biography written by the subject or composed conjointly with a collaborative writer (styled as told to or with). The term dates from the late eighteenth century, but the form is much older. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Old book bindings at the Merton College library. ... The law of evidence governs the use of testimony (e. ... ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Violence is any act of aggression and abuse which causes or intends to cause injury, in some cases criminal, or harm to persons, and (to a lesser extent) animals or property. ... War is an excellent way of political leaders to let off some steam. ... Oppression is the negative outcome experienced by people targeted by the arbitrary and cruel exercise of power in a society or social group. ... Latin America consists of the countries of South America and some of North America (including Central America and some the islands of the Caribbean) whose inhabitants mostly speak Romance languages, although Native American languages are also spoken. ... A tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. ... A truth commission or truth and reconciliation commission is a commission tasked with discovering and revealing past wrongdoing by a government, in the hope of resolving conflict left over from the past. ... International human rights instruments can be classified into two categories: declarations, adopted by bodies such as the United Nations General Assembly, which are not legally binding although they may be politically so; and conventions, which are legally binding instruments concluded under international law. ... Rigoberta Menchú Rigoberta Menchú Tum (born in Chimel, January 9, 1959) is an indigenous Guatemalan, of the Quiché-Maya ethnic group. ... Frederick Douglass, ca. ... Look up genre in Wiktionary, the free dictionary. ...


See also


  Results from FactBites:
 
Statement of John Kerry (2119 words)
The full testimony heard by the committee, including that of Kerry, is in Legislative Proposals Relating to the War in Southeast Asia, Hearings before the Committee on Foreign Relations, United States Senate, Ninety-Second Congress, First Session (April-May 1971), Washington: Government Printing Office, 1971.
Subject breaks in Kerry's testimony were provided by the Senate staff in the form of subtitles, which in some cases are retained below.
Following his formal testimony, the committee members questioned him during their discussion of some of the legislative proposals under consideration.
Testimony - Wikipedia, the free encyclopedia (508 words)
In law and in religion, testimony is a solemn attestation as to the truth of a matter.
Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury.
Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
  More results at FactBites »

 
 

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