Legal Definitions - statement

In legal contexts, a statement refers to a communication or declaration that presents facts, assertions, or information. Its specific meaning can vary depending on the legal setting in which it is used. Here are its primary applications:

• In the Context of Evidence: This refers to any communication, whether spoken words or actions, that is intended to convey a particular fact or belief. For something to be considered a statement in an evidentiary sense, the person making it must intend to assert something.

  • Example 1 (Verbal Assertion): During a civil trial concerning a disputed property boundary, a neighbor testifies, "I distinctly heard Mr. Henderson tell his son, 'This fence marks our land, not theirs,' several years ago." This verbal declaration by Mr. Henderson, made outside of court, is considered a statement because it was an assertion about the property line.

    Explanation: The neighbor's testimony recounts a verbal assertion made by Mr. Henderson, which was intended to communicate a fact about the property boundary. This makes Mr. Henderson's original declaration a "statement" for evidentiary purposes.

  • Example 2 (Non-verbal Conduct): A person is suspected of hiding a valuable item. When an investigator asks where the item is, the person silently nods towards a locked cabinet. This non-verbal gesture, intended to indicate the item's location, would be considered a statement.

    Explanation: The nod, though not spoken words, was a deliberate action meant to convey information (the location of the item). Because it was intended as an assertion, it qualifies as a statement in the context of evidence.

• As a Formal Document or Presentation of Facts: In this sense, a statement is a formal written document that precisely outlines facts, claims, or financial information, often submitted as part of a legal process or business requirement.

  • Example 1 (Legal Pleading): In a lawsuit where a tenant is suing a landlord for breach of contract, the tenant files a "statement of claim" with the court. This document formally details the specific terms of the lease agreement, how the landlord allegedly violated them, and the damages sought, presenting the factual basis of their case.

    Explanation: The "statement of claim" is a formal, written presentation of the tenant's factual allegations and legal demands, submitted to initiate a lawsuit.

  • Example 2 (Financial Document): A non-profit organization applying for a grant submits an annual "financial statement" to the funding body. This document provides a formal and exact presentation of the organization's income, expenses, assets, and liabilities for the past year, demonstrating its financial accountability.

    Explanation: The "financial statement" is a structured, formal document that precisely presents the organization's financial facts, as required for the grant application.

• In Criminal Investigations: This refers to an account provided by a person, typically a suspect or a witness, to law enforcement officers during the course of an investigation into a crime. These accounts detail the person's knowledge, observations, or involvement related to the offense.

  • Example 1 (Suspect's Account): After being apprehended near the scene of a burglary, a suspect tells the police, "I was just walking by and saw someone else run out of the store, so I kept going." This verbal account of their presence and observations is recorded by the police as a statement.

    Explanation: The suspect's verbal explanation of their actions and observations at the crime scene, given to law enforcement, constitutes a statement in a criminal investigation.

  • Example 2 (Witness's Account): Following a hit-and-run accident, a pedestrian tells the police officer, "The car was a dark sedan, maybe a Honda, and it had a dent on the passenger side door." This detailed description of what the witness observed is taken down as a witness statement.

    Explanation: The witness's verbal recounting of their observations about the vehicle involved in the accident, provided to the police, is a witness statement.

• Sworn Statement: A statement made under oath or affirmation, meaning the person has formally promised to tell the truth, often in front of a notary public, court reporter, or other authorized official. Making a false sworn statement can carry severe legal penalties, such as perjury.

  • Example: As part of an insurance claim for property damage, the homeowner provides a detailed written account of the damage and its estimated value, signing it in front of a notary public who administers an oath. This document is a sworn statement.

    Explanation: By signing the document under oath before a notary, the homeowner formally attests to the truthfulness of the information provided, making it a sworn statement.