For Tony Palmer's film about Shostakovich, see Testimony (film)
In law and in religion, testimony is a solemn attestation as to the truth of a matter. 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 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 This article is for the legal term 'Res Gestae' For the article on the record of the accomplishments of the first Roman emperor Augustus see the article for Res Gestae Divi 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 Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos
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Legal testimony
In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e A witness is someone who has firsthand knowledge about a Crime or dramatic event through their Senses (e Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. An oath (from Anglo-Saxon āð, also called plight) is either a Promise or a Statement of Fact calling Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. An expert witness is a Witness, who by virtue of Education, Training, Skill, or Experience, is believed to have Knowledge
A subpoena commands a person to appear. A subpoena (səˈpiːnə is commonly defined as a written command to a person to Testify before a Court or be punished It is compulsory to comply.
When a witness is asked a question, the opposing attorney can raise an objection ([1] [1]), which is a legal move to disallow an improper question, preferably before the witness answers, and mentioning one of the standard reasons, including:
- argumentative or inflammatory
- asked and answered
- best evidence rule
- calls for speculation
- calls for a conclusion
- compound question or narrative
- hearsay
- irrelevant, immaterial, incompetent (this is actually not a proper objection because the term "incompetent" is meaningless and the words "irrelevant" and "immaterial" have the same meaning under the Federal Rules of Evidence). 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 compound question is one that actually asks several things which might require different answers Not to be confused with Heresy. Hearsay is a legal term referring to the use of out of court statements as evidence
- lack of foundation
- leading question
- privilege
- vague
- ultimate issue testimony
There may also be an objection to the answer, including:
- non-responsive
Up until the mid-20th century, in much of the United States, an attorney often had to follow an objection with an exception to preserve the issue for appeal. In Common law systems that rely on Testimony by witnesses a leading question is a question that suggests the answer or contains the information the examiner is looking A privilege &mdashetymologically "private law" or law relating to a specific individual&mdashis a special Entitlement or immunity granted by a government An ultimate issue in Criminal law is a legal issue at stake in the Prosecution of a Crime for which an Expert witness is providing The United States of America —commonly referred to as the If an attorney failed to "take an exception" immediately after the court's ruling on the objection, he waived his client's right to appeal the issue. Exceptions have since been abolished, due to the widespread recognition that forcing lawyers to take them was a waste of time.
Religious testimony
In religion, testimony generally involves an inward belief or outward profession of faith or of personal religious experience. A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos
Christians in general use the term "testify" or "to give your testimony" to mean "the story of how you became a Christian" (or less commonly it may refer to a specific event in a Christian's life in which God has done something deemed particularly worth sharing). A Christian is a person who adheres to Christianity, a monotheistic Religion centered on the life and teachings of Jesus of Nazareth Christians often give their testimony at their own baptism or at evangelistic events, where non-Christians are able to hear what God has done in their lives. In Christianity, baptism ( Greek, "immersing" "performing Ablutions " is the ritual act with the use of water by which one is admitted Evangelism is the Christian practice of proselytisation. The intention of most evangelism is to effect Eternal salvation to those who do not follow the In the current age of the internet, many Christians have also placed their testimonies on the internet. [2]
In some religions (most notably Mormonism and Islam) many adherents testify as a profession of their faith, often to a congregation of believers. A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos Mormonism is a term used to describe the religious, ideological and cultural elements of certain branches of the Latter Day Saint movement For other meanings including people named 'Islam' see Islam (disambiguation. Faith is a Belief in the trustworthiness of an Idea. Formal usage of the word "faith" is usually reserved for concepts of Religion, as in In Mormonism, testifying is also referred to as "bearing one's testimony," and often involves the sharing of personal experience—ranging from a simple anecdote to an account of personal revelation—followed by a statement of belief that has been confirmed by this experience. Mormonism is a term used to describe the religious, ideological and cultural elements of certain branches of the Latter Day Saint movement Revelation is the act of revealing or disclosing (see etymology or in the theological perception making something obvious and clearly understood through active or passive communication
Testimony in literature
Some published oral or written autobiographical narratives are considered "testimonial literature" particularly when they present evidence or first person accounts of human rights abuses, violence and war, and living under conditions of social oppression. Oral history can be defined as the recording preservation and interpretation of historical information, based on the personal experiences and opinions of the speaker An autobiography, from the Greek αὐτός autos "self" βίος bios "life" and γράφειν graphein "to write" A narrative or story is a construct created in a suitable format (written spoken poetry prose images song Theater, or Dance) that describes a sequence of Literature is the Art of written works Literally translated the word means "acquaintance with letters" (from Latin littera letter The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e See also First person First-person narrative is a Narrative mode in which a Story is narrated by one character, who explicitly Human rights refers to the "basic Rights and freedoms to which all humans are entitled Violence is the exertion of force so as to injure or abuse The word is used broadly to describe the destructive action of natural phenomena like Storms and Earthquakes War is an international relations Dispute, characterized by organized Violence between National Military units Oppression is the act of using power to empower and/or privilege a group at the expense of disempowering marginalizing silencing and subordinating another group This usage of the term comes originally from Latin America and the Spanish term "testimonio" when it emerged from human rights tribunals, truth commissions, and other international human rights instruments in countries such as Chile and Argentina. Tribunal is a generic term for any body acting judicially whether or not it is called a tribunal in its title A truth commission or truth and reconciliation commission is a commission tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict International human rights instruments can be classified into two categories declarations, adopted by bodies such as the United Nations General Assembly, which are Chile, officially the Republic of Chile ( Spanish:) is a country in South America occupying a long and narrow Coastal strip wedged between the For a topic outline on this subject see List of basic Argentina topics. One of the most famous, though controversial, of these works to be translated into English is I, Rigoberta Menchú. Rigoberta Menchú Tum (b 9 January 1959, Chimel Quiché, Guatemala) is an indigenous Guatemalan of the Quiché - The autobiographies of Frederick Douglass can be considered among the earliest significant English-language works in this genre. Frederick Douglass (born Frederick Augustus Washington Bailey, February 14 1818 February 20 1895 was an American abolitionist, editor, Orator A genre (ˈʒɑːnrə also /ˈdʒɑːnrə/ from French "kind" or "sort" from Latin: genus (stem gener-) is a loose set
Testimony in Philosophy
In philosophy, a testimony is known as Statements that are based on personal experience or personal knowledge. Philosophy is the study of general problems concerning matters such as existence knowledge truth beauty justice validity mind and language A statement is accepted on the basis of person's testimony if his or her asserting it renders it acceptable. We can also, rationally accept a claim on the basis of another persons testimony unless (1. the claim is implausible; 2. The person or the source in which the claim is quoted lacks credibility; 3. Credibility refers to the objective and subjective components of the believability of a source or message The claim goes beyond what the person could know from his or her own experience and competence. Experience as a general concept comprises Knowledge of or skill in or Observation of some thing or some event gained through involvement in or )[3]
See also
- Cross-examination
- Daubert standard
- Deponent
- deposition
- Direct examination
- Hostile witness
- In limine
- Leading question
- Redirect examination
- Strike from the record
- Testimony, philosophical problems of
Dictionary
testimony
-noun
- Statements made by a witness in court.
- An account of first-hand experience.
- In a church service, a personal account, such as of one's conversion.
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