Proof John
Posted in Uncategorized on 09/01/2007 01:07 pm by admin
Proof John
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"Hearsay" is one of the most famous words of legalese, although to some extent it is being replaced on television with "he said, she said." What exactly is hearsay? Why is it objectionable? And are there any ways hearsay can come into evidence?
Definition of "Hearsay"
The actual legal definition of hearsay is pretty easy. It's an out of court statement sought to be introduced into evidence (in court) as evidence of the truth of what was said. Let's break that down a little bit.
The Right to Face Your Accuser
The hearsay prohibition comes from the ancient (in U.S. Law) right to face one's accusers. If the accuser is allowed to make a statement outside of the sight of the jury that is considering it, without being cross-examined to establish context and believability, you have not been allowed to face your accuser. With a few exceptions, that won't be allowed if it is objected to.
An Out-of-Court Statement Is Usually Hearsay
An out-of-court statement means that it was said, by someone, outside of the courtroom in question. That means that the statement was made by somebody who, generally, was not under oath (although it could have been said in another court, under oath) in the presence of the people who now need to decide whether it was true or not.
An Example of Hearsay
Here's a simple example: Jane remarks to a friend one day that, "that guy must be over six feet tall!" Bob heard her comment and later, while attempting to prove that Joe is over six feet tall, testifies that "Jane said he must be over six feet tall."
Can you see how that would be hearsay? Bob is offering Jane's comment as proof that Joe is over six feet tall, but the court (or jury, as the case may be) can't observe Jane to see whether she looks like she's lying, or whether she's serious. And the person trying to prove that Joe is 5'2" can't cross-examine Jane to see if she thinks she's good at guessing people's heights, whether the lighting was good, the perspective was true, or whether that might have been Joe's brother Schmoe instead. So the statement is hearsay if it's used to prove how tall Joe was.
Not Hearsay
But what if it's used to prove that Jane was alive and able to communicate that day? Then it isn't being used to prove how tall Joe was. Rather, it's being used to prove something the person testifying can be questioned about and the jury can decide the truth of. If the question involves when Jane was kidnapped, for example, the fact that she was seen and able to make off-handed comments could be crucial. The accused can carefully ask Bob how well he saw Jane, whether she seemed comfortable, etc. So the statement would not be hearsay for that purpose.
So you see that "hearsay" involves both a person out of court and a purpose for the use of the testimony. And hearsay can be written or spoken, it doesn't matter which as far as the rule is concerned.
A Hearsay Example from Debt Law
Now let's take a likely example from the debt law context (although the most common will involve business records, a subject for another day). If Bill Collector is testifying he "verified" your debt by calling John Doe Creditor when you asked for verification, the statement is not hearsay regarding the Fair Debt Collection Practices Act's requirement that verification be done. But if Bill tries to introduce John Doe's statement as proof that you do, in fact, owe the money, it's hearsay because the jury or judge would need to see John Doe to decide whether he's speaking truthfully and accurately about you.
A Final Twist: Party "Admissions"
There is one final twist to the hearsay rule you should know about, called "party admissions." That rule makes statements made by a party to the lawsuit, even if made outside of court, not hearsay if they are offered to be used against that party. So if you admit to a debt collector that you owe money during an angry phone call, you may hear that statement again in court. Another good reason to be very careful when you speak to debt collectors.
If you are being harassed or sued for debt, you can get a lot of help, much of it free, from my website at: http://yourlegallegup.com. Or please take a look at a brief video presentation: http://www.youtube.com/watch?v=WcxsiR5vedU.
Kenneth H. Gibert.
I Received a J.D. from Washington University Law School in 1989 and practiced law in St. Louis city and county (federal, state and local courts) for almost fifteen years, the last several of which were focused almost exclusively on debt litigation. My mission is to protect ordinary people from being taken advantage of by the debt collectors. Sign up for a free report and more help for people struggling with debt.
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The Proof $3.95 The mysteries of Mars, woven into a complex tapestry of international intrigue, lead Captain John Wells to answers even the most faithful fear. As he starts to put the pieces of the universal puzzle together, the pieces of his life fall irrevocably apart, but, as he must constantly remind himself, God does indeed have a plan for him. |
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Proof: A 6-Lesson Study on the Book of John $69.99 ">Who Is Jesus?> >It's a question people have been answering for thousands of years. It's a question your students must answer, as well. John, one of Jesus' closest disciples, took on the task of proving the identity of Christ. John paints a picture of Jesus as the Son of God, the promised Messiah, and the redeemer of God's children.> >Proof teaches your students the story of Christ through His powerful teaching, His amazing miracles, and His death and resurrection. Help your students answer> >the question, "Who is Jesus?"> >Proof, one of the 6-lesson studies in the Core line of curriculum, teaches your students to understand the awesome privilege it is to know and be known by Christ.> >>>Product Features:>>> > >Lesson Plans, w/ Bible Background> >Lesson Prep Videos! Short videos to help teachers as they prepare> >Student Worksheets> >Media! Video and other interactive media> >Parent Resources! PDF's designed to involve families in learning> >Facebook devotional material> >Scripture memory cards> >PowerPoint, Promo art and more!> > >>>Package Contents:>>> >2 Discs: A Lesson Disc including all curriculum and added features, and a Media Disc which includes all media for the curriculum.>" |
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Burden of Proof $70.1 Burden of Proof. Probable cause, Beyond the shadow of a doubt, Evidence, Scientific method, Relevance (law), Statistical hypothesis testing, Presumption of innocence, Character evidence, Public policy doctrines for the exclusion of relevant evidence Author: Miller, Frederic P./ Vandome, Agnes F./ McBrewster, John Binding Type: Paperback Number of Pages: 84 Publication Date: 2010/07/29 Language: English Dimensions: 5.98 x 9.01 x 0.20 inches |
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The Proof (Paperback) $26.73 The Proof opens with a suspenseful encounter between the grandson of Dr. Robert Kanewski, while watching the launch of the Space Shuttle Endeavor, and the alien spiders first seen on Mars in The Evidence. It`s an encounter that costs Dr. Kanewski his life, just as Endeavor blasts off and the journey to Mars continues for John Wells and crew. Later, on Rex Edwards` commercial Mars rocket, Epsilon, the crew heads to Mars to learn more about the strange alien sightings there. With a successful launch to Mars, the three-person crew has an 18-month trip ahead of them. Can they endure the stress and loneliness of 18 months without loved ones? While they are gone, Earth will once again be tested by alien visitors and questionable religious ideas. Are the spiders truly aliens? Back on the earth, there are more problems than Amy`s illness and separation from her husband. Cult-like leader, Father Raines frequently shares prophetic messages from the ?Father Race.? He predicts visitations that come true and the frightened world watches and waits to see what will happen. Suspecting that the ?Father Race? is a hoax, FBI Special Agent Terrance Kerry continues his quest for answers. He travels around the globe, seeking Elias Ulrich, the terrorist he believes is behind the sightings of the aliens. Frequently, he turns to John Wells for insight and together they seek the truth. Ulrich continues his escape from Navy pursuers and the FBI, headed toward a mysterious and historic rendezvous off the coast of Mont Saint Michel in France. Is there an unknowable god and is Malcolm Raines his prophet? Why does Malcolm Raines, the prophet, get every prediction about the aliens perfectly correct? Who are the mother seed? Amidst a backdrop of international intrigue and the unexplained loss of communication with the returning Mars crew, Amy Wells perseveres against the challenges of separation, and months of worry for her space-maroon |
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Proof (DVD) $14.38 Gwyneth Paltrow, who won an Oscar for her performance in director John Madden`s SHAKESPEARE IN LOVE, teams up again with Madden in PROOF, a poignant drama based on David Auburn`s Pulitzer Prize-winning play. Paltrow lights up the screen as Catherine, a young woman who has given up a seemingly bright future in order to take care of her ailing father, Robert (Anthony Hopkins), a formerly brilliant mathematician who went crazy. After he dies, Catherine`s closed-off world is invaded by Hal (Jake Gyllenhaal), a young mathematician who worshipped Robert, and Claire (Hope Davis), her successful sister who fears that Catherine is too much like their father--a talented, supremely intelligent person with severe mental problems. During the last years of his life, Robert filled 103 notebooks with his writings, but one of them, written during a brief period of lucidity, could turn the math world on its head, while also threatening Catherine`s already wavering sanity. Auburn co-wrote the screenplay with Rebecca Miller (PERSONAL VELOCITY, THE BALLAD OF JACK AND ROSE), taking it off the stage, setting it in and around Chicago, and breathing new life into the story, along with Stephen Warbeck`s compelling score and plenty of outstanding acting, particularly by the glowing Paltrow and the earnest Gyllenhaal. |
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Living Proof $15.64 "Harvey's seventh procedural is smartly paced, slyly humorous, unsentimental about police work, violence, and other alienations of aff ection-altogether one of his best. Just like his first six."-"Kirkus Reviews" "John Harvey's Resnick novels are far and away the finest British police procedurals yet written."-"GQ" "If Harvey gets any better, the rest of us may have to kill him."-Reginald Hill Resnick's hands are full enough tracking down the prostitute who is stabbing her clients, without having to babysit a strong-mouthed American crime writer, visiting the city with her husband and prey to threats of violence. |
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Where's the Proof? $15.99 "The purpose of this book is to disclose what God says about His "truly born again" believers and unveil the marks and evidences by which we can know if we belong to God or not. In 1 John 3: 10 the author writes, "By this the children of God and the children of the devil are obvious: anyone who does not practice righteousness is not of God, nor the one who does not love his brother." We have the misconception that to question our salvation is a bad thing, but it's Scriptural. By establishing a solid foundation in this matter, my prayer is that you might be able to take hold of these truths and examine yourself, ."to make certain about His calling and choosing you;." (2 Pet. 1: 10). In this new light, you can look at your personal experiences at the time of your "salvation" and evaluate your life against the plumb line of the Scriptures. 1Corinthians 1: 26-29, "For consider your calling, brethren, that there were not many wise according to the flesh, not many mighty, not many noble; but God has chosen the foolish things of the world to shame the wise, and God has chosen the weak things of the world to shame the things that are strong, and the base things of the world and the despised...that no man should boast.." This is my qualifications, weak, despised, foolish, yet called. I have no seminary training, no college degree. I lack in the ability to write a book. Yet God has been relentless in pushing me to write this. I have been on the backside of the desert with God studying the Bible extensively for ten years and He has taught me some things. Angie Ward lives in Cartersville, Georgia with her youngest son Chip and her husband Tom Ward." |


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