What structure do American criminal trial courts operate under?
Eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom. The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court.
What is a statement that is not based upon the personal knowledge of a witness?
-Hearsay- Something that is not based on the personal knowledge of a witness.
What is the difference between speculation and lack of personal knowledge?
Personal Knowledge/Speculation A witness may not testify about any matter of which the witness has no personal knowledge. Only if the witness has directly observed an event may the witness testify about it. Personal knowledge must be shown before a witness may testify concerning a matter.
Can a witness statement be used in court?
A non-motorized statement, even with a phone number, will not be admissible on court. Even a sworn to affidavit of a witness may not be accepted, particularly at trial, since your adversary has the right to cross examine all witnesses.
How does hearsay affect a trial?
Hearsay is a statement made outside of the courtroom that is offered to prove the facts asserted in that statement. Hearsay is excluded at trial under the rationale that it is unreliable.
Is double hearsay admissible in court?
Language of commercial offer and acceptance is also admissible over a hearsay exception because the statements have independent legal significance. Double hearsay is a hearsay statement that contains another hearsay statement itself. In a court, both layers of hearsay must be found separately admissible.
What does legally insufficient mean?
It means that you did not put in the motion what was required by law in order for him to even consider the relief you were asking for. It also means you need to get a lawyer.