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Res gestae is also used to refer to those facts or things done which form the basis or gravamen for a legal action. Res gestae is also used in the context of the doctrine of respondeat superior, or the law of vicarious liability. Particularly, res gestae refers to time, place, and in the interest of an employer. [10]
If the declarant is believed to have had time to reflect on the situation before making the statement, the statement would not be spontaneous and thus not an excited utterance. However, under certain circumstances, it is possible for days to have passed before the declarant fully reflects on the event, and "unstills" his or her reflective powers.
A present sense impression, in the law of evidence, is a statement made by a person (the declarant) that conveys his or her sense of the state of an event or the condition of something. The statement must be spontaneously made while the person was perceiving (i.e. contemporaneous with) the event or condition, or "immediately thereafter."
It may not be used by a party to offer that party's own out-of-court statement. However, under the common-law doctrine of completeness, a party may possibly be able to admit some statements of their own, if a party admission exemption allows the opponent to admit part of a statement, and the first party wishes to admit the rest of that statement.
Res gestae - statements are admissible if: the statement was made by a person so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded, the statement accompanied an act which can be properly evaluated as evidence only if considered in conjunction with the statement, or
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted.
The Southeastern Conference released a late-night statement on Saturday following an ugly scene from No. 1 Texas' SEC matchup against No. 4 Georgia at Darrell K Royal-Texas Memorial Stadium.
A formal statement of fact. / ˌ æ f ɪ ˈ d eɪ v ɪ t / allocatur: it is allowed Generally, a statement from a court that a writ is allowed (i.e. granted); most commonly, a grant of leave to appeal by the Supreme Court of Pennsylvania, in reference to which the word is used equivalently to certiorari (q.v.) elsewhere. / ˌ æ l l oʊ k eɪ t ...