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Simple English definitions for legal terms

excited utterance

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A quick definition of excited utterance:

An excited utterance is when someone says something right after a scary or surprising event happens. This kind of statement is allowed in court even if it would normally be considered hearsay (when someone repeats what someone else said). This is because people usually don't have time to make up lies when they're still feeling scared or surprised. But the statement has to be made while the person is still feeling that way, and it can't violate the rule that says a defendant has the right to question the people who say things against them in court.

A more thorough explanation:

An excited utterance is a statement made by someone who has just experienced a shocking or startling event. This statement is made while the person is still under the stress of the event and is considered an exception to the hearsay rule in the Federal Rules of Evidence.

In order for a statement to be considered an excited utterance, it must meet certain criteria:

  • The statement must be made while the person is still under stress from the event.
  • The statement must not breach the Sixth Amendment rights of the defendant.
  • The statement must not be considered testimonial.

Statements made soon after the event are more likely to be considered excited utterances, as the person has not had time to contemplate or fabricate their statement. Physical appearances of stress and an unsettled voice may also help determine if a person was still under stress from the event.

However, if the statement is considered testimonial, it may not be admissible in court. Testimonial statements are those that attempt to recall the details of the event and may breach the confrontation clause of the Sixth Amendment.

After witnessing a car accident, a bystander immediately says, "Oh my God, that was so scary! The red car came out of nowhere and hit the blue car!" This statement would be considered an excited utterance because it was made while the person was still under stress from the event and was not made with the intention of providing evidence in court.

excise tax | exclusionary rule

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13:09
Yo
lawguy we're nearly stats twins :D
13:13
I saw that, and I saw you got the Georgetown interview invite yesterday too! Goodluck!
you too haha, i was super surprised to have received one so early not gonna lie
i heard the group interview is really chill and I'm kinda excited to do it
seems cool
13:14
Yeah, 7sage has a page that talks about the questions for each schools interview, GULC's seems unique
13:15
Idk how much of an effect it has on admissions chances but should be cool either way
ive heard the conversion rate for gulc group interview is pretty high even moreso if you have the stats
it's hard to say but i've also heard that the group interview is harder to get than the alumni interview. but who really knows tbh
im p sure they don't interview everyone and getting one this early should be a great sign!
13:16
Yeah I've heard the same ab the group interview
13:17
So maybe I'll see you in D.C. a year from now lmao
initiallaw
13:32
Speaking of stat twins kazuyamishima were exact stat twins lol
17:13
Anyone going to the UGA zoom thing on the 22nd?
17:16
My bad, 24th*
Idk, what's it for?
@Law-Guy: How'd you get the Vandy fee waiver?
17:32
What does going ur3 in 3 days mean at Uva 😅
that you will get UR2 in 3 more
17:33
somethings gotta give
I’m new. What’s the UR and UR2?
17:35
I already went ur2. It’s the 3rd status date change
17:35
@RustyWrangler: attend one of their virtual info sessions and they'll send you a fee waiver
@Law-Guy: Awesome, thanks! I'll sign up rn!
i'm not entirely sure
They've recently been sending a lot of interview invites
It means status change?
17:47
Someone said there is a wl/r wave coming but how can that even be predicted 😭
17:48
Where?
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