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Simple English definitions for legal terms
implied assertion
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A quick definition of implied assertion:
Implied assertion is when someone communicates something without actually saying it. For example, pointing at someone in a police lineup is an implied assertion that they are the suspect. This type of behavior is considered evidence, but it can only be used in court if there is a good reason for it. Other types of conduct include active conduct, which involves doing something, and passive conduct, which does not involve doing anything. Wrongful conduct is when someone does something that is against the law or hurts someone else.A more thorough explanation:
Implied assertion is a type of conduct that involves nonverbal behavior intended to make a statement. For example, pointing a finger to identify a suspect in a police lineup is an implied assertion. It is considered a statement under the hearsay rule and is not admissible unless a hearsay exception applies.
Another example of implied assertion is a person nodding their head in agreement or shaking their head in disagreement. This behavior is not verbal, but it still conveys a message.
Overall, implied assertion is a type of conduct that communicates a message without using words. It is important to understand the rules surrounding its admissibility in legal proceedings.