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LSDefine

Simple English definitions for legal terms

declarant

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A quick definition of declarant:

A declarant is someone who says something they believe to be true. This can be in writing or spoken out loud. They might also be called an affiant if they swear that what they are saying is true. It's important to know who is and who isn't a declarant because evidence in court might not be allowed if it's hearsay, which means it's something someone else said and not something the declarant said themselves. Computers can't be declarants because they're not people.

A more thorough explanation:

A declarant is a person who makes a statement that they claim to be true. This statement can be written or spoken, but if it is written, it is usually signed. If the statement is made in the form of a sworn affidavit, the declarant is sometimes referred to as an affiant.

According to Rule 801 of the Federal Rules of Evidence, a declarant is a person who makes a statement. However, it is important to note that the declarant must be a human and not a machine or computer. This distinction is important because evidence at trial may be inadmissible as hearsay based on this distinction.

For example, in the case of Gayle v. State, a report containing text messages between the defendant and another person was not considered hearsay because the report was generated by a machine and not a statement made by a declarant.

Another example is People v. Clay, where the court found that a statement made by a witness was hearsay because the witness was not present in court to testify and be cross-examined. This illustrates the importance of having a declarant present to testify and defend their statement in court.

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got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
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