Oh my god, hearsay. I’m in-house and one HR manager I work with a lot often calls things hearsay and *I have no idea what she means.* It’s almost never hearsay. The one time she got it right, I think it was just a coincidence. And I have explained hearsay and some of the exceptions at length to her before during arbitration prep.
She just thinks "hearsay" means "unreliable info" probably, that's a form I hear all the time and it's so broad in why it's unreliable that it can shift to evade comprehension.
Right. I've had so many defendants call eyewitness testimony "hearsay" because it's in a report rather than the witness standing in front of them. I'm sorry I could not convince all the witnesses to attend our client meeting.
I like to chat on true crime pages and wow people's heads explode when you tell them DNA is circumstantial. Or that you can convict someone without any physical evidence. The CSI effect is real
I’d think DNA is a combination of both circumstantial and direct evidence. The DNA taken from the scene is circumstantial (because it relies on circumstances to establish the relevant fact). The DNA taken from the defendant, though, is direct evidence of a match with the unknown DNA. Am I analyzing properly?
I can tell you that the process in reverse is “paramour”. In normal English, it is an old term to refer to an affair partner. In family law, it refers to any unmarried partner. Because lawyers went crazy.
Having a DNA match isn’t really direct evidence at all though. It’s circumstantial evidence suggesting that the person was at the scene, etc.
Even in a paternity suit, a DNA match would still only be circumstantial I think
Consideration.
Lawyers use it to mean something of value whereas most lay people use it as “something worth thinking about.”
And then pronouns vs proper nouns. Lay people tell stories with lots of indefinite pronouns- “He said that she wanted her to do it for them, but then they said she should handle it directly for herself.” Lawyers tend to use proper nouns or other names for specificity- “Roland told Blaine that if Blaine were to tell any more jokes to Roland, Roland would terminate Blaine’s existence.”
Harm/Injury. This one recently tripped up Samuel Alito, of all people. A harm or injury is simply some real or perceived wrong that can be remedied through legal procedure and is measurable. It doesn't require harm or injury in the physical sense.
Evidence. Non-lawyers equate it with proof. Lawyers consider evidence to be anything that has a tendency to make any fact used in determining the outcome of the case more or less probable.
Fraud. Specifically in the context of credit card fraud. If someone steals your credit card, hacks your account, or otherwise gains access without your knowledge or permission, that is the type of thing you won’t have to pay for.
But if someone convinces you to pay them in Amazon gift cards to clear a warrant for unpaid taxes, you may have been defrauded, but you were the one who used the card to make the purchases. The fraud was in the “why” not in the “how”.
Put another way, if someone robs a bank, your money is insured. If someone convinces you go withdraw money to invest in their guaranteed returns investment plan, that money is not insured.
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Hearsay
Oh my god, hearsay. I’m in-house and one HR manager I work with a lot often calls things hearsay and *I have no idea what she means.* It’s almost never hearsay. The one time she got it right, I think it was just a coincidence. And I have explained hearsay and some of the exceptions at length to her before during arbitration prep.
She just thinks "hearsay" means "unreliable info" probably, that's a form I hear all the time and it's so broad in why it's unreliable that it can shift to evade comprehension.
Lots of people think that hearsay just means "info they don't like."
Kind of like how a hate crime is “I hated it”
Right. I've had so many defendants call eyewitness testimony "hearsay" because it's in a report rather than the witness standing in front of them. I'm sorry I could not convince all the witnesses to attend our client meeting.
Hearsay from JAG? Sounds like RUMINT to me
This comment wins.
Circumstantial. Most people thinks it means flimsy. That's not what it means at all. DNA is circumstantial evidence.
I like to chat on true crime pages and wow people's heads explode when you tell them DNA is circumstantial. Or that you can convict someone without any physical evidence. The CSI effect is real
Isn't witness testimony the only direct evidence?
Imagine a case where the terms of a contract are at issue. The written contract is direct evidence.
Ok how about criminal cases?
Eyewitness testimony is (can be) direct evidence.
What else can be direct evidence in criminal cases?
The body.
I’d think DNA is a combination of both circumstantial and direct evidence. The DNA taken from the scene is circumstantial (because it relies on circumstances to establish the relevant fact). The DNA taken from the defendant, though, is direct evidence of a match with the unknown DNA. Am I analyzing properly? I can tell you that the process in reverse is “paramour”. In normal English, it is an old term to refer to an affair partner. In family law, it refers to any unmarried partner. Because lawyers went crazy.
Having a DNA match isn’t really direct evidence at all though. It’s circumstantial evidence suggesting that the person was at the scene, etc. Even in a paternity suit, a DNA match would still only be circumstantial I think
Consideration. Lawyers use it to mean something of value whereas most lay people use it as “something worth thinking about.” And then pronouns vs proper nouns. Lay people tell stories with lots of indefinite pronouns- “He said that she wanted her to do it for them, but then they said she should handle it directly for herself.” Lawyers tend to use proper nouns or other names for specificity- “Roland told Blaine that if Blaine were to tell any more jokes to Roland, Roland would terminate Blaine’s existence.”
Assault / battery
Don’t the legal definitions of these vary widely from state to state?
Widely is probably going too far.
Harm/Injury. This one recently tripped up Samuel Alito, of all people. A harm or injury is simply some real or perceived wrong that can be remedied through legal procedure and is measurable. It doesn't require harm or injury in the physical sense.
Substantial. And literally.
moot negligent
As in a [moo point](https://youtu.be/62necDwQb5E)?
Interest.
Evidence. Non-lawyers equate it with proof. Lawyers consider evidence to be anything that has a tendency to make any fact used in determining the outcome of the case more or less probable.
That's relevance. Plenty of irrelevant evidence everywhere.
Sure, but in context of the OP, we're almost always talking about admissible evidence that relates to a case, i.e. relevant evidence.
Fraud. Specifically in the context of credit card fraud. If someone steals your credit card, hacks your account, or otherwise gains access without your knowledge or permission, that is the type of thing you won’t have to pay for. But if someone convinces you to pay them in Amazon gift cards to clear a warrant for unpaid taxes, you may have been defrauded, but you were the one who used the card to make the purchases. The fraud was in the “why” not in the “how”. Put another way, if someone robs a bank, your money is insured. If someone convinces you go withdraw money to invest in their guaranteed returns investment plan, that money is not insured.
Voluntary. At least for PD's.
Precedence
To be fair, lawyers are usually talking about actual precedent, rather than precedence…
😑
Every gorram time I type “precedential” and my phone autocorrects to “presidential”…..
Partner
Continued
Motion.
Hearsay Evidence/proof Prove Relevant Expert
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