11:58
Nah nah she would not like that. She is conservative.
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LSDefine
Simple English definitions for legal terms
spontaneous exclamation
Read a random definition: Lord Justice General
A quick definition of spontaneous exclamation:
A spontaneous exclamation is a statement made in the middle of a surprising event, without any planning or thinking beforehand. These statements are important in court because they are exceptions to the rule that out-of-court statements cannot be used as evidence. This is because they are made in a situation where the speaker cannot plan or make up what they say. To be considered a spontaneous exclamation, the statement must be made right after the event, refer to the event, be made by someone who saw the event, and be made so quickly that the speaker did not have time to think about it. Even if the statement is made in response to a question, it can still be considered a spontaneous exclamation. However, some people may challenge the use of these statements in court because they violate the right to confront one's accuser.
A more thorough explanation:
A spontaneous exclamation, also known as an excited utterance, is a statement made in the heat of the moment, without any planning or thinking beforehand. These statements are important in legal cases because they are an exception to the hearsay rule, which usually prevents out-of-court statements from being used as evidence in court. Spontaneous exclamations are allowed because they are made in the moment and cannot be fabricated or planned.
For a statement to be considered a spontaneous exclamation, it must meet certain criteria. First, it must be made in response to a startling event. Second, it must refer to the event that just occurred. Third, the person making the statement must have witnessed the event. Finally, the statement must be made immediately after the event, without any time for the person to think or plan what they will say.
For example, if someone witnesses a car accident and immediately says "Oh my God, that was so scary!" that statement could be considered a spontaneous exclamation. It was made in response to a startling event, refers to the event, was made by someone who witnessed the event, and was made immediately after the event.
However, there is no strict time limit for how long after an event a statement can still be considered a spontaneous exclamation. It is up to the judge to decide if a statement meets the criteria. For example, if someone calls the police half an hour after being kidnapped and makes a statement about what happened, that statement could still be considered a spontaneous exclamation if the person was still under stress from the event and had no time to plan what they would say.
It is important to note that the Confrontation Clause of the Sixth Amendment can sometimes be used to challenge the admissibility of spontaneous exclamations in criminal cases. This clause gives defendants the right to confront their accusers in court, which can be difficult if the accuser's statement is considered a spontaneous exclamation and cannot be cross-examined.