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Under the Federal Rules of Evidence, Rule 804(b)(3) provides: "A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to ...
What constituted a "pecuniary interest" did not arise for consideration by the High Court until 1975 when the Senate referred questions concerning the eligibility of Senator James Webster who was a shareholder in and managing director of a company founded by his late grandfather.
Insurable interest refers to the right of property to be insured. [4] It may also mean the interest of a beneficiary of a life insurance policy to prove need for the proceeds, called the "insurable interest doctrine". [5] Insurable interest is no longer strictly an element of life insurance contracts under modern law.
A pecuniary or proprietary interest can arise in two ways. First, the decision-maker may have an interest of this nature in one of the parties involved in a matter. Secondly, the decision-maker may have a pecuniary or proprietary interest in the outcome of the decision placed before him or her.
A conflict of interest exists if the circumstances are reasonably believed (on the basis of past experience and objective evidence) to create a risk that a decision may be unduly influenced by other, secondary interests, and not on whether a particular individual is actually influenced by a secondary interest. A widely used definition is: "A ...
In each matter it couldn't be suggested that the value of the shares would be affected by the case's decision. However, the parties requested that the High Court reaffirm a common law rule that "any direct pecuniary interest, however small, in the subject of inquiry ... disqualifies a person from acting as a judge in the matter". [Note 1] [4]
the amount of any further pecuniary loss of which the deprivation has been a legal cause. interest from the time at which the value was fixed. compensation for the loss of use not otherwise compensated. It is a generally recognized rule that interest lost from the conversion is recoverable. Loss of rental value can be considered as interest. [176]
In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law.Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests.