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Simple English definitions for legal terms
assertive conduct
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A quick definition of assertive conduct:
Assertive conduct refers to the way a person behaves, either by doing something or not doing something. It can include actions like pointing to identify a suspect in a police lineup. However, it is not admissible as evidence unless a specific rule applies. Other types of conduct include disorderly conduct, which disturbs public peace, and tortious conduct, which can lead to legal liability. Wrongful conduct is an act that violates a legal duty or infringes on someone else's rights.A more thorough explanation:
Definition: Assertive conduct refers to nonverbal behavior that is intended to be a statement, such as pointing one's finger to identify a suspect in a police lineup. It is a type of personal behavior that involves a person doing something by exerting will on the external world.
For example, if a witness points to a person in a lineup and identifies them as the perpetrator, this is considered assertive conduct. It is a statement under the hearsay rule, which means it is not admissible unless a hearsay exception applies.
Assertive conduct is different from nonassertive conduct, which is nonverbal behavior that is not intended to be a statement. For instance, if a suspect faints while being questioned by a police officer, this is nonassertive conduct and is admissible as evidence.
Overall, assertive conduct is a type of behavior that can have legal implications in certain situations, such as criminal trials.