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Simple English definitions for legal terms

excited utterance

Read a random definition: Directive on the Legal Protection of Computer Programs

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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JumpySubsequentDolphin
23:42
hi SPLITTY!!!
HIII DOLPHYY
stanford finally sent me a status checker tomight
do yall know if "Your file has been submitted for review" just means under review
Dkk
0:08
@SplitterusClitterus: really depends on the school. Could mean they have just received it. Could be it is under review. Could mean they already have a decision for you. For Stanford, idk.
Mmm ok thank you
JumpySubsequentDolphin
1:19
my friend JUST sent me that omg
JumpySubsequentDolphin
1:19
also @renard that shows your IG handle
JumpySubsequentDolphin
1:20
I assume you don’t want to doxx yourself 😧
JumpySubsequentDolphin
1:20
if we send enough messages it will stop showing the message tho!!!!!!!!
JumpySubsequentDolphin
1:21
@renard99: come back and spam messages I only have so many left 😔
JumpySubsequentDolphin
1:23
. . .
Dkk
1:49
@renard99: you shared a post a good friend of mine had liked. Lmfao but respect +1
Dkk
1:49
I laughed at it too +1
1:50
Damn lol
1:50
Follow me brah
JumpySubsequentDolphin
2:01
I followed you
JumpySubsequentDolphin
2:01
don’t dox me ☹️
2:06
Nw I won’t dox you 😎
JumpySubsequentDolphin
2:07
don’t judge my feed either I’m bad at Instagram :/
3:17
has anyone here worked for a DAs office during the school year
3:43
LMFAOOO THE INSTAGRAM POST
m10
3:50
I have no idea how it shows his Insta handle. This makes me an old man.
Dkk
3:52
i think you all are just bullshitting
Dkk
3:54
Y'all are gay af.
Dkk
3:54
Making drama out of nothing like a buncha homosexuals.
5:45
Dk I think it shows up
5:45
if you’re already signed into Instagram
5:55
workin workin, grinding
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