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LSDefine

Simple English definitions for legal terms

dead man's statute

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A quick definition of dead man's statute:

A dead man's statute is a law that says in a legal case, someone who has an interest in the case cannot talk about conversations they had with someone who has died. This is to make sure that the person who has died is not unfairly talked about and cannot defend themselves. There are three conditions that must be met before someone is not allowed to talk about the dead person: the dead person must have had a real interest in the case, the person talking must have an opposite interest, and someone must be representing the dead person's interest. Some states have this law, but it does not apply to written evidence in New York.

A more thorough explanation:

A dead man's statute is a law that prevents a party with an interest in a civil lawsuit from testifying against a deceased party about any conversations they had. This law is in place to prevent unfairness and injustice that may arise from allowing a surviving party to give testimony that is favorable to themselves and harmful to the deceased party, who cannot refute it because they are no longer alive.

For example, if a person is involved in a car accident and dies, their family cannot testify about any conversations they had with the other driver about the accident. This is because the deceased person cannot defend themselves or provide their own version of events.

There are three conditions that must be met before a surviving party or witness is disqualified from testifying under the dead man's statute:

  1. The deceased person must have had an actual right or interest in the matter at issue.
  2. The interest of the witness must be adverse to the deceased person.
  3. A right of the deceased must have passed to a party of record who represents the deceased's interest.

It's important to note that the Federal Rules of Evidence do not include a dead man's statute, but many states have adopted their own versions of this law.

For example, in New York, the dead man's statute does not apply to documentary and other tangible evidence. This means that if there is physical evidence, such as a written contract or a video recording, it can still be used in court even if one of the parties involved has passed away.

de novo | deadhand control

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18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
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