Simple English definitions for legal terms
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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.