- This article is for the legal term 'Res Gestae'. The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive "Testify" redirects here For other uses see Testify (disambiguation and Testimony (disambiguation. Documentary evidence is any evidence introduced at a trial in the form of Documents. Physical evidence is any evidence introduced in a trialin the form of a physical object intended to prove a fact in issue based on its demonstrable physical characteristics Digital evidence or electronic evidence is any probative information stored or transmitted in Digital form that a party to a Court case may use at Exculpatory evidence is the evidence favorable to the Defendant in a criminal trial, which clears or tends to clear the defendant of Guilt. This article is about the legal concept For scientific evidence in pure science see Scientific evidence. Demonstrative evidence is evidence in the form of a Representation of an object Real evidence is a type of Physical evidence and consists of objects that were involved in a case or actually played a part in the incident or transaction in question Eyewitness identification evidence is the leading cause of Wrongful conviction in the United States Lies, on their own are not sufficient evidence of a crime However Lies may indicate that the defendant knows he is guilty and the prosecution may rely on the fact that the Relevance, in the Common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case or to have Probative Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. In Law, a foundation is sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in A subsequent remedial measure is a term used in the Law of evidence in the United States to describe an improvement or repair taken following an injury Character evidence is a term used in the Law of evidence to describe any testimony or document submitted for the purpose of proving that a person acted in a particular Habit evidence is a term used in the Law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person In the law of Evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused Authentication, in the Law of evidence, is the process by which Documentary evidence and other Physical evidence is proven to be genuine and Chain of custody refers to the chronological documentation and/or Paper trail, showing the seizure custody control transfer analysis and disposition of Evidence Judicial Notice is a rule in the Law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it The best evidence rule is a Common law rule of evidence which can be traced back at least as far as the 18th century A self-authenticating document, under the Law of evidence in the United States, is any Document that can be admitted into evidence at a trial An ancient document, in the Law of evidence, refers to both a means of authentication for a piece of Documentary evidence, and an exception to the A witness is someone who has firsthand knowledge about a Crime or dramatic event through their Senses (e In American law competence concerns the mental capacity of an individual to participate in legal proceedings Under Common law, privilege is a term describing a number of rules excluding evidence that would be adverse to a fundamental principle or relationship if it were disclosed The Direct Examination is a crucial part of the case Direct examination (also called examination in chief is the questioning of a witness by the party who called him or her in a See Structure of policy debate for cross-examination in Policy debate. Witness impeachment, in the Law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial. A recorded recollection, in the Law of evidence, is an exception to the Hearsay rule which allows a witness to testify to the accuracy of a recording or An expert witness is a Witness, who by virtue of Education, Training, Skill, or Experience, is believed to have Knowledge A dead man statute is a statute designed to prevent Perjury in a Civil case by prohibiting a witness who is an interested party from testifying about communications History of the rule The rules of hearsay began to form properly in the late seventeenth century and had become fully established by the early nineteenth century Hearsay is the legal term that describes statements made outside of court or other judicial proceedings In the law of criminal evidence a confession means a statement by a suspect in crime which is adverse to that person The business records exception to the US hearsay rule is based on Rule 803(6 of the Federal Rules of Evidence (FRE An excited utterance, in the Law of evidence, is a statement made by a person in response to a startling or shocking event or condition In the Law of evidence, the dying declaration is Testimony that would normally be barred as Hearsay but may nonetheless be admitted as evidence Background The party admission, in the Law of evidence, is a type of statement that appears to be hearsay (an out of court statement but is An ancient document, in the Law of evidence, refers to both a means of authentication for a piece of Documentary evidence, and an exception to the Declarations against interest are an exception to the rule on hearsay in which a person's statement may be used where generally the content of the statement is so prejudicial A present sense impression, in the Law of evidence, is a statement made by a person (the Declarant) that conveys his or her sense of the state of an A learned treatise, in the Law of evidence, is a text that is sufficiently authoritiative in its field to be admissible as evidence in a Court in support In the law of evidence, an implied assertion is a statement or conduct that infers some fact A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential For the article on the record of the accomplishments of the first Roman emperor, Augustus, see the article for Res Gestae Divi Augusti. Res Gestae Divi Augusti, ( Latin: "The Deeds of the Divine Augustus" is the funerary inscription of the first Roman emperor, Augustus
Res gestae (a Latin phrase meaning "things done") is a term found in substantive and procedural American jurisprudence and English Law
Res Gestae in Rules of Evidence
Under the Federal Rules of Evidence, Res Gestae is an exception to the rule against Hearsay evidence. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Not to be confused with Heresy. Hearsay is a legal term referring to the use of out of court statements as evidence Res gestae is based on the belief that because certain statements are made naturally, spontaneously and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else (i. e. by the witness who will later repeat the statement to the court) and thus the courts believe that such statements carry a high degree of credibility. Statements which can be admitted into evidence as Res gestae fall into three headings:
- Words or phrases which either form part of, or explain, a physical act,
- Exclamations which are so spontaneous as to belie concoction, and
- Statements which are evidence as to someone's state of mind.
(In some jurisdictions the Res gestae exception has also been used to admit police sketches. )
The following scenario is an example of types one and two:
Imagine then a young woman standing on the side of a main road (the witness). She sees some commotion across the street. On the opposite side of the road to her she sees an old man shout 'The bank is being robbed!' as a young man runs out of a building and away down the street. The old man is never found (so can't appear in court and repeat what he said) but the woman repeats what she heard him say. Such a statement would be considered trustworthy for the purpose of admission as evidence because the statement was made concurrently with the event and there is little chance that the witness repeating the hearsay could have misunderstood its meaning or the speaker's intentions.
Under the Federal Rules of Evidence, Res Gestae may also be used to demonstrate that certain character evidence, otherwise excludable under the provisions of Rule 404, is permissible, as the events in question are part of the "ongoing narrative", or sequence of events which are necessary to define the action at hand.
Res Gestae in Criminal Law
In certain felony murder statutes, "Res Gestae" is a term defining the overall start-to-end sequence of the underlying felony. The felony murder rule is a legal Doctrine current in some Common law countries that broadens the crime of Murder in two ways Generally, a felony's Res Gestae must be interrupted by a point in which the defendants have achieved a position of relative safety from law enforcement for the underlying felony to be considered terminated.
For a technical explaination of Res gestae under English law See: WikiCrimeLine Res gestae
Res gestae is also used to refer to those facts or things done which form the basis or gravamen for a legal action. Gravamen (from Lat gravare, to weigh down gravis, heavy (plural gra·va·mens or gra·vam·i·na a complaint or grievance the ground of a Legal
For a graphical explanation See: 
- ^ Commonwealth v. Dugan, 381 A. 2d 967 (Pa. Super. 1977)
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